BLL Bulletin

Hand-holding-cash
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Do not be beguiled by the soothing tones of the UK’s FATF Mutual Evaluation report
Speed read: Jonathan Fisher QC reflects on the new FATF report on the UK’s anti-money laundering infrastructure. There is a contrast between its praise of the UK and the reality of money laundering as a continuing threat to high-risk businesses....
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Tax avoidance
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Thinning the line between recklessness and wilful blindness in tax offences
Speed read: In R v Godir [2018] EWCA Crim 2294 the Court of Appeal held that recklessness was insufficient to convict the defendant of two criminal offences. However, tax practitioners should not take too much comfort from the decision as...
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NCA National Crime Agency
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Stopping the side hustle: UK freezes foreign student accounts — harder than first thought?
Speed read: Anita Clifford explores the recent targeting of foreign student bank accounts for freezing pursuant to Part 5 of the Proceeds of Crime Act 2002. 95 accounts, totalling an estimated £3.6 million, were frozen in a single day on...
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London city skyline
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Corporate directing mind and will in civil cases
Speed read: Attributing liability to a company continues to be fraught with difficulty, in both civil and criminal cases. Historically, the courts adopted a more flexible approach in civil cases, and there is room for further development. This article discusses...
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Corporate investigations in the post-ENRC era
Speed read: In this piece Jonathan Fisher QC shares some ideas on legal privilege and the future of self-reporting post Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006 ('SFO v ENRC'). The key point is...
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Tax investigations — responding to a taxpayer notice
Speed read: In The Queen on the application of PML Accounting Limited v The Commissioners for HM Revenue and Customs [2018] EWCA Civ 2231, the Court of Appeal held that the taxpayer was not able to argue the invalidity of...
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Sanctions and/or civil recovery for gross human rights violations
Speed read: Two recent pieces of UK legislation provide powers to be used against the perpetrators of gross human rights violations and their accomplices. The first piece of legislation amended the civil recovery powers under the Proceeds of Crime Act...
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The EU’s latest money laundering directive — does the UK comply?
Speed read: Directive (EU) 2108/1673 on combating money laundering by criminal law is now in force. It follows soon after the adoption of the Fifth Money Laundering Directive (5MLD). Whereas the UK government confirmed that it will transpose 5MLD into...
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Parent company liability — where are we headed?
Speed read: On 15-16 January 2019, the Supreme Court will hear an appeal on the civil liability of a UK-domiciled parent company towards persons affected by the operations of its overseas subsidiary. The appeal in Lungowe and others v (1)...
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Anita Clifford comments on recent AML action by European Commission
Speed read: EU officials took the unprecedented step on Thursday of directly ordering a member state’s financial regulator to improve its supervision of banks for anti-money laundering purposes. The European Commission, the executive arm of the European Union, told Malta’s...
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