header-logo header-logo

25 September 2024
Issue: 8087 / Categories: Legal News , Profession , Fraud
printer mail-detail

Regulatory weaknesses on money laundering

Legal regulators are failing to provide ‘fully effective’ supervision on anti-money laundering (AML) compliance, a Financial Conduct Authority (FCA) watchdog has warned

In its fifth report, published this week, the Office for Professional Body Anti-Money Laundering Supervision (OPBAS) found most professional body supervisors (PBSs) were complying with the regulations but none of them were fully effective in all areas.

OPBAS oversees 25 supervisors for AML purposes in the legal and accountancy sectors. It criticised PBSs as inconsistently sharing information and intelligence, and highlighted weaknesses in the use of enforcement powers and tools, with the number and value of fines issued declining on the previous year.

Its report states: ‘We saw weaknesses in the design of supervisory approaches, lacking clearly defined methodology, selection criteria for inspections or formalised supervisory cycles, with many PBSs in the legal sector not performing well in this area.

‘For example, one PBS in the legal sector had not implemented timescales for supervisory action in its remediation framework.’

It highlights that the volume of suspicious activity reports has increased slightly in the accountancy sector but declined in the legal sector, and is ‘lower than we might expect from an underlying population exceeding 42,000 across sectors’.

One legal PBS ‘did not provide regular AML training to its staff in specialist AML roles’ because it considered its supervisees low risk, OPBAS said.

Moreover, it found that PBSs for advocates and barristers ‘did not appear to sufficiently prioritise AML supervision on a par with other regulatory obligations, with relatively low AML resource (staffing) levels and low expenditure dedicated to AML’.

Andrea Bowe, director, specialists at FCA, said: ‘The FCA is committed to playing a leading role in reducing and preventing financial crime.’

Issue: 8087 / Categories: Legal News , Profession , Fraud
printer mail-details

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
back-to-top-scroll