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17 November 2017 / Nicholas Griffin KC
Issue: 7770 / Categories: Features , Fraud , Bribery , Profession , Commercial
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No safe havens? Pt 2

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Corporate facilitation of tax evasion: the new frontier. The second & final part of an exclusive analysis by QEB Hollis Whiteman Chambers

  • What do the new criminal offences mean in practice?
  • What are the Government’s parallel civil and other criminal anti-evasion measures?
  • The future for corporate responsibility for economic crime & the direction of travel for economic crime more generally.

In our first article we discussed the scope and impact of the Criminal Finances Act 2017 (CFA 2017)—a major plank of the Government’s attempts to tackle tax evasion—and its failure to prevent offences (see ‘No safe havens? Pt 1’, NLJ , 10 November 2017, p 10). Of particular concern is whether the wide extraterritorial effect of CFA 2017 places unmanageably onerous obligations on multinational organisations to foresee and prevent tax evasion risks on a global scale, given that the sanctions for failure are now criminal as well as regulatory in nature. Here, we consider what the new criminal offences mean in practice, and how they sit

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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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