News

Diverging Opinions on Double Jeopardy in the ECJ and the ECtHR

Speed read: Anita Clifford analyses two Opinions delivered by the Advocate General of the European Court of Justice on 12 September 2017 on double jeopardy arising in the context of financial wrongdoing. The Opinions call for a rejection of a recent decision of the European Court of Human Rights...
Continue reading

Double Jeopardy and Concurrent Proceedings for Financial Wrongdoing

Speed read: Anita Clifford considers the issue of double jeopardy in the context of financial wrongdoing attracting both a regulatory and criminal response. The discussion is situated in the context of the European Central Bank’s power to impose administrative penalties and refer matters for criminal investigation, and follows a...
Continue reading

New frontiers: Unexplained wealth, extraterritoriality and rights

Speed read: The new Unexplained Wealth Order framework is set to come into force. Anita Clifford focuses on the conditions for obtaining one, and analyses the potential for extraterritorial reach and issues surrounding the reverse onus. Section 362A of the Proceeds of Crime Act 2002 (“POCA”) will, once in...
Continue reading

Money Laundering Regulations 2017 (UK): A Comparison of the Draft and the Enactment

Speed Read:   The Money Laundering Regulations 2017 (UK) entered into force on 26 June 2017, having been laid before Parliament and approved on 22 June. As regulated persons now move swiftly to ensure compliance, the immediate question is: how different is the draft Regulations, published in April, from...
Continue reading

Failure to Prevent: Corporate Liability at the Cost of Individual Due Process?

Speed Read: This piece explores whether the failure to prevent model at the heart of the new offence of corporate failure to prevent facilitation of tax evasion contains a due process deficit. Introduction The new corporate offence of failure to prevent the facilitation of tax evasion reflects a wider...
Continue reading

The White Collar Centre