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30 October 2019
Issue: 7862 / Categories: Legal News , Profession , Regulatory , Criminal , Fraud , Legal services
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Money laundering crackdown

Poor processes open the door to money launderers, warns SRA

One in five law firms is failing to comply with anti-money laundering rules, regulators have warned.

The Solicitors Regulation Authority (SRA) asked 400 firms for their risk assessments, to assess whether they were complying with the Money Laundering Regulations 2017. However, 83 of the firms (21%) were not compliant. They either did not address all the risk areas required (43), or they sent over something other than a firm risk assessment (40), such as a client or matter risk assessment.

The majority of firms (64%) were using templates, and their risk assessments were generally of lower quality. The SRA said that, while templates can be helpful, too many firms take a ‘copy and paste’ approach, without thinking through the specific risks and issues faced by their firm.

The SRA also expressed concern that 135 of the risk assessments (38%) were dated recently, suggesting some firms may have created one in response to the SRA’s request rather than having one already made.

Consequently, the SRA is now writing to all 7,000 firms affected by the regulations to ask them to confirm they have a firm risk assessment in place. It aims to carry out an ‘extensive programme of targeted, in-depth visits’ to firms to ensure the profession is complying with the rules.

Paul Philip, SRA chief executive, said: ‘Money laundering supports criminal activity such as people trafficking, drug smuggling and terrorism.

‘The damage money laundering does to society means that every solicitor must be fully committed to preventing it. The vast majority would never intend to get involved in criminal activities, but poor processes open the door to money launderers. A call from us should not be the prompt for a firm to get their act together.

‘You need to take immediate action now if you are not on top of your money laundering risks. Where we have serious concerns, we will take strong action.’

The SRA’s annual Risk Outlook, published this week, shows it has opened 172 anti-money laundering compliance investigations already this year. In the past five years, the SRA has taken more than 60 such cases to the Solicitors Disciplinary Tribunal, and more than 40 solicitors have been struck-off or suspended as a result.

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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