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No safe havens? Pt 2

17 November 2017 / Nicholas Griffin KC
Issue: 7770 / Categories: Features , Fraud , Bribery , Profession , Commercial
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Corporate facilitation of tax evasion: the new frontier. The second & final part of an exclusive analysis by QEB Hollis Whiteman Chambers

  • What do the new criminal offences mean in practice?
  • What are the Government’s parallel civil and other criminal anti-evasion measures?
  • The future for corporate responsibility for economic crime & the direction of travel for economic crime more generally.

In our first article we discussed the scope and impact of the Criminal Finances Act 2017 (CFA 2017)—a major plank of the Government’s attempts to tackle tax evasion—and its failure to prevent offences (see ‘No safe havens? Pt 1’, NLJ , 10 November 2017, p 10). Of particular concern is whether the wide extraterritorial effect of CFA 2017 places unmanageably onerous obligations on multinational organisations to foresee and prevent tax evasion risks on a global scale, given that the sanctions for failure are now criminal as well as regulatory in nature. Here, we consider what the new criminal offences mean in practice, and how they sit with parallel criminal, civil and regulatory provisions.

Parallel regimes

The

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