BLL Portal

Bright Line Law News

Latest news & updates from Bright Line Law.
This portal provides busy practitioners with short commentaries on significant developments in the field of white collar crime. The commentaries are franked by their topicality and practical insight, with an emphasis on implications not always visible at first glance.

Data Breach as a Boardroom Issue? Considering Potential Corporate Criminal Liability

By Anita Clifford and Natasha Reurts Speed Read: In recent months, discussion about the “failure to prevent” model of corporate liability has gained momentum. Considered below is a recent working paper by The White Collar Crime Centre which explores whether the model could apply to data breach. Introduction The coming
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Duty to disclose under section 3 of the Fraud Act 2006? The decision in HKSAR v Luk Kin Peter Joseph

Speed Read: Justin Bong-Kwan discusses the Hong Kong Court of Final Appeal’s interpretation in HKSAR v Luk Kin Peter Joseph (FACC 6/2016) of when a fiduciary relationship may arise under the Prevention of Bribery Ordinance (Cap. 201) as well as the implications such an interpretation may have in relation to section
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Benefit Analysis in R v Neuberg [2016] EWCA Crim 1927 – At What Cost?

Speed Read: The recent decision of R v Neuberg serves to further entrench the distinction between the two classes of offences for determining benefit under the confiscation regime. Natasha Reurts provides an overview of the decision and assess the implications for corporate and financial crime cases that follow. Case Summary
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Reach, Risk and Record Sharing: Money Laundering Regulations 2017

Speed Read: Public consultation on the proposed new draft Money Laundering Regulations 2017 (“MLR 2017”) closed on 12 April 2017.  The government must now move swiftly with any amendments if it is to achieve compliance with the deadline of 26 June 2017 for the transposition of the EU Fourth Money
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The Investigative Reach of Unexplained Wealth Orders: Exploring Derivative Use

Speed read: Unexplained Wealth Orders (“UWOs”) have the potential to play a large role in an investigation, without any qualifications on the use of the explanation beyond the self-incrimination privilege. Anita Clifford explores the potential for derivative use of the explanation provided in compliance with a UWO and prompts thought
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