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17 November 2017 / Nicholas Griffin KC
Issue: 7770 / Categories: Features , Fraud , Bribery , Profession , Commercial
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No safe havens? Pt 2

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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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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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