Welcome to the first edition of Corporate Crime Matters for 2017.
The year ahead is already looking like it will prove to be both interesting and challenging for those detecting, preventing and responding to corporate crime. We expect the most significant challenges will stem from the growing appetite for a shift of the UK corporate liability model from one of identification to one of "failure to prevent", increasing the pressure on companies to ensure that their systems and controls are up to scratch. With the Criminal Finances Bill working its way onto the statute books, even more change seems to be afoot, as the Government has just issued a call for evidence on a proposed new corporate offence of failure to prevent economic crime.
Having started the year on a high, with Rolls Royce's Deferred Prosecution Agreement ('DPA') agreed and authorised, and the decision last month on privileged material in internal investigations, we anticipate that the regulators will be continuing their efforts with gusto, chomping at the bit waiting to exercise their new statutory powers including Unexplained Wealth Orders, and extended powers of civil recovery. The SFO continues to assure the public that there are more DPAs in the pipeline. Whatever your perspective, this year promises to be an interesting one from a corporate crime perspective.
For our insights on these developments and more, please see the articles below. If you would like to discuss how your organisation may be affected, please get in touch with one of the team.
Corporate Crime in the UK in 2017 – some thoughts
Tim Strong provides his insight into what he thinks 2017 has in store for corporate crime and fraud.
"Failure to Prevent" as a mechanism for corporate criminal liability
David McCluskey and Laura Manson provide their views on the recent DPAs and the Government's call for evidence on potential corporate liability for failure to prevent economic crime.
Privilege: interview notes revisited
Andrew Howell and Georgina Jones consider the extent to which legal advice privilege will apply to interview notes taken in internal investigations.
Treasury Committee Review of Maxwellisation: what is the appropriate standard for public inquiries?
Tim Strong and Emma Allen highlight the key points of the Maxwellisation Report and the likely impact on both future inquiries and internal investigation best practice.
Saleh v SFO: POCA proceedings and foreign judgments
David McCluskey and Laura Manson consider the recent Court of Appeal decision dismissing the appeal of a UK property freezing order following a Canadian order dismissing criminal and forfeiture proceedings in Canada.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
