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09 December 2016 / Frank Maher
Issue: 7726 / Categories: Features , Profession
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A rogue in your midst (Pt 2)

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In a second in a series of articles, Frank Maher advises upon how to discover rogue partners & employees

This is the second of three articles on practical problems caused by rogue partners and employees, and looks at how you might discover them.

First however, there is an interesting postscript to the first article, which looked at types of rogue behaviour (see “A rogue in your midst (Pt 1)”, NLJ , 28 October 2016, p 21). Readers will recall that many of these are far removed from the cases of theft from client or office account: they may encompass many types of misbehaviour where someone puts the firm at risk by failing to comply with the systems and controls which have been put in place to protect it.

Minor to major

We finished by looking at the American case of John Gellene, and Professor Mitt Regan’s conclusion that Gellene was prone to engaging in petty transgressions which, as his moral compass began to lose direction, led incrementally to more serious

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

Bird & Bird—Gordon Moir

Bird & Bird—Gordon Moir

London tech and comms team boosted by telecoms and regulatory hires

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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