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Searching Content indexed under Criminal Law by Baker & Partners ordered by Published Date Descending.
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1
Back Where It Belongs
The Kenya agreement is an encouraging example of such fruits being returned to their rightful owners.
Jersey
14 Feb 2019
2
Disclosure In The Digital Era
It is important not to be put off by the size of the task and the sheer volume of material.
Jersey
19 Oct 2018
3
Lobster Baron's Millions Caught In The Net
A recent judgment[1] of the Royal Court casts light on the Island's conviction-based confiscation regime at a time when the States of Jersey is busy sharpening the claws of Jersey's investigatory...
Jersey
5 Jun 2018
4
JSC BTA Bank v Khrapunov: UK Supreme Court Decision Could Have A Ripple Effect In Jersey
In JSC BTA Bank v Khrapunov the UK Supreme Court ("UKSC") has provided a stir of excitement for civil fraud practitioners which will, no doubt, sustain many conference speeches over the coming months.
Jersey
14 May 2018
5
Through The Looking Glass: Transparency And Confidential Relationships From A Jersey Advocate's Perspective
International financial centres have always been a target of negative media. "Offshore" has become a pejorative term. Concerns regarding the regulatory and legal systems of "offshore" jurisdictions...
Jersey
7 Feb 2018
6
In The Ring, Round 1: Transparency v Right To Confidentiality
In a series of 3 articles (Rounds 1 to 3), we explore Jersey's approach to the concept of transparency in respect of beneficial ownership information.
Jersey
24 Oct 2017
7
Reach for the SARs
The JFSC has been focusing heavily on Suspicious Activity Reports ("SARs") recently. This is understandable. SARs are a crucial part of the regulatory framework. If regulated businesses are properly reporting suspicions of criminal conduct then the law enforcement agencies receive vital ammunition for cleaning up the finance industry and investigating crime without lifting a finger.
Jersey
12 Sep 2017
8
I Certify This Is A True Likeness And Copy…
To protect against fraud, money laundering and terrorist financing, the finance industry obtain key customer details known as Customer Due Diligence (CDD) before engaging in business.
Jersey
2 Aug 2017
9
Limits On Legal Professional Privilege
The High Court has recently restricted the ability to rely on privilege. Although SFO -v- ENRC is an English authority, Jersey generally follows English principles of privilege.
Jersey
7 Jun 2017
10
Prevention Better Than A Cure?
On 27 April 2017 the latest UK government measure designed to combat offshore tax evasion received Royal Assent. It will shortly be a criminal offence for an institution to fail to prevent...
Jersey
1 Jun 2017
11
Baker & Partners Introduces the Criminal Finances Act 2017 to Local Industry at Briefing Event
Baker & Partners invited members of Jersey's financial services industry to discover the implications of the newly passed Criminal Finances Act 2017 at a Breakfast Briefing Event - Prevention Better Than a Cure? with Advocate Simon Thomas on 11th May 2017.
Jersey
18 May 2017
12
Fraud: A Jersey Perspective
Investigating and pursuing serious and complex fraud claims is about staying ahead of the game. Most serious frauds will have an international element, whether in the substantive action or in asset recovery.
Jersey
27 Mar 2017
13
Cyberfraud – Why Businesses Need To Be Prepared
The risks posed by ‘traditional' forms of fraud (undertaken by dishonest employees or directors diverting funds from client accounts) will always be of concern to financial services businesses.
Jersey
5 Dec 2016
14
Business Crime 2017 Briefing
What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
Jersey
24 Oct 2016
15
Injunctions In Fraud Claims: Should Banks Always Get Their Costs?
Should financial institutions be reimbursed for the costs incurred by assisting victims of fraud?
Jersey
5 Jul 2016
16
Private Prosecution In Jersey – The Way Forward?
It has been reported in the United Kingdom that public resources are so stretched that police officers have attended the scenes of crime by bus.
Jersey
5 Apr 2016
17
ICLG The International Comparative Legal Guide to: Business Crime 2016
What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
Jersey
5 Apr 2016
18
The International Comparative Legal Guide To Business Crime 2015
Leaving aside the comparatively minor matters dealt with in the Magistrate’s Court, all prosecutions within Jersey are brought in the name of Her Majesty’s Attorney General for Jersey and by dint of modern practice are in the vast majority of cases prosecuted by a Crown Advocate.
Jersey
6 May 2015
19
Dishonest Assistance – Understanding The Risks: Guidance Note
Dishonest assistance is a category of secondary liability that can attach to a person who assists in a breach of trust or a breach of fiduciary duty.
Jersey
5 May 2015
20
The Shifting Position Between Lawful Tax Avoidance & Unlawful Tax Evasion
Whether this principle has survived in practice into the present era is a matter of speculation.
Jersey
15 Dec 2014
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