New US Department of Justice Policy demonstrates commitment to pursuing individual wrongdoing. Anoushka Warlow and Suzanne Gallagher consider the new policy, and whether the UK’s Serious Fraud Office will follow suit.
BCL partners, Michael Drury, Richard Reichman, and Tom McNeill examine some of the issues in corporate investigations laws and regulations – including internal investigation, self-disclosure to enforcement authorities, investigation process, confidentiality and attorney-client privileges – in England and Wales for International Comparative Legal Guide to Corporate Investigations2023.
BCL’s Richard Sallybanks, Anoushka Warlow and Greta Barkle have co-authored the chapter ‘Individuals in Cross-Border Investigations or Proceedings’ in the seventh edition of Global Investigations Review: Practitioner’s Guide to Global Investigations.
There has been a flurry of activity in recent months from the Financial Conduct Authority (FCA), with new duties and obligations on regulated firms and individuals on the horizon. In this article, BCL associate Matt Davies explores areas where the FCA is focusing its attention and provides insight and tips for firms wishing to stay in the regulator’s good books.
Anne Sacoolas, a US citizen, has pleaded guilty to causing death by careless driving via video link at a plea and case management hearing at the Old Bailey on 20 October 2022. The preliminary hearing took place at Westminster Magistrates Court on 28 September 2022, also remotely, where she was granted unconditional bail. The CPS has accepted her plea despite having initially charged her with causing death by dangerous driving in December 2019. Sentencing has been adjourned to the end of November 2022, raising questions regarding the length and nature of the sentence and whether she will serve any custodial sentence in the UK, US or at all.
In this article Shula de Jersey and Matt Davies provide a brief mid-year update looking at what the Serious Fraud Office (“SFO”) has achieved so far this year and what is on its plate for the rest of the year.
From e-commerce and video-conferencing to messaging friends and colleagues, we take the encryption, and thus the security, of our digital communications for granted. However, while it ensures our privacy, it is also exploited by criminals to evade detection, for example those plotting terrorist atrocities or exchanging child sexual exploitation and abuse material (CSEA). The dilemma – whether to maintain privacy or tackle crime facilitated online – underlies the opposing and often stridently expressed views about encryption. As messaging platforms roll-out end-to-end encryption (E2EE), where not even service providers can decipher messages sent over their systems, law enforcement agencies have sought to preserve their covert ability to observe our communications. The UK’s latest proposals, in amendments to the government’s flagship Online Safety Bill, have aroused fierce industry and privacy group opposition. The ongoing difficulty in resolving the privacy versus safety conundrum in part arises from a failure to level with the public about the trade-offs involved.
BCL’s Michael Drury and Tom McNeill provide a comprehensive guide to the agencies responsible for civil and criminal law enforcement exploring the techniques and the requirements that must be met before a government can commence an investigation, in the England & Wales chapter of Lexology Getting The Deal Through – Government Investigations.
BCL partner Michael Drury and senior associate Tom McNeill author the England & Wales chapter of Lexology’s Getting The Deal Through – Government Investigations: Global Overview exploring the mechanisms that are available to resolve a government investigation.