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No safe havens? Pt 2

17 November 2017 / Nicholas Griffin KC
Issue: 7770 / Categories: Features , Fraud , Bribery , Profession , Commercial
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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

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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