BLL Bulletin

London_Courts
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New law on shaky ground: the test for dishonesty in criminal law
Speed read: The Court of Appeal affirming the Ivey test as the new standard for dishonesty in criminal law has changed the substantive criteria for dishonest conduct.
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Open sign
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Is Phoenixism about to rise from the ashes?
Speed read: Phoenixism (liquidating a company only for the same business to re-emerge from the ashes as a fresh entity) is likely to be touted as a ‘quick fix’ to many corporates suffering financial hardship due to Covid-19.
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False-accounting-and-COVID-19
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False accounting and COVID-19
Speed read: The COVID-19 pandemic has brought difficulty and trying times to all areas of the United Kingdom’s economy.
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A fiery debate - microphone
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A fiery debate: incineration tax
Speed read: Taxes have been used to shape behaviour for centuries. Now, environmental taxes are on the rise.
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Duty to report fraud
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Duty to report fraud: an unnecessary duplication?
Speed read: The proposal to impose a mandatory duty to report fraud on financial institutions seems like a useful additional data source for law enforcement, but the measure mirrors the pre-existing duty to report money laundering closely.
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Protecting-against-tax-and-benefit-fraud-during-COVID-19
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Protecting against tax and benefit fraud during COVID-19
Speedread: COVID-19 is a tremendous challenge to the world economy. The UK government has announced generous financial measures in response.
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Covid-19 & consequences for anti-money laundering
Speedread: Anita Clifford considers the implications for anti-money laundering and Customer Due Diligence following the shift towards virtual client relationships in response to the global health emergency.
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Bitcoin-Cryptocurrency-POCA-Cryptoassets
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Where do we go from here? Cryptoassets and external application of POCA 2002
Speedread: This briefing considers the international perspective on cryptoassets and external application of Proceeds of Crime Act 2002, after the ruling in AA v Persons Unknown [2019] EWHC 3556 (Comm).
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The vulnerability-of-management-consultants-to-an-offence-of-money-laundering
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The vulnerability of management consultants to an offence of money laundering
Speedread: Recent events suggest that management consultants are vulnerable to interacting with criminal property, thereby triggering a money laundering exposure under UK criminal law.
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Cryptoassets' relationship with the Proceeds of Crime Act 2002
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Cryptoassets’ relationship with the Proceeds of Crime Act 2002
Speedread: The recent High Court decision in AA v Persons Unknown [2019] EWHC 3556 (Comm) provided an affirmative answer to the long-standing question of whether cryptoassets were property under English law.
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