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10 November 2017
Issue: 7769 / Categories: Legal News , Bribery , Profession
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Multinationals at risk

The new Criminal Finance Act may place ‘unmanageably onerous obligations’ on multinationals, barristers have warned.

Writing in this week’s NLJ, Nicholas Griffin QC and other practitioners at QEB Hollis Whiteman, note the ‘wide extraterritorial effect’ of the Act, which requires multinationals to foresee and prevent tax evasion risks on a global scale, and imposes criminal as well as regulatory sanctions.

Financial institutions with a branch in London will be ‘immediately liable for the acts of their associated persons on the other side of the world’, they write. ‘While this may have been entirely acceptable in the context of managing bribery risk—most corporates knowing what most forms of bribery look like—the perils are greater in respect of tax due to the considerably greater challenge in instituting, maintaining and enforcing “reasonable procedures” to prevent a spectrum of employee/agent misconduct which can in some quarters be as intricate and wide-ranging as the tax affairs they oversee.’ /p>

Issue: 7769 / Categories: Legal News , Bribery , Profession
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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