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25 May 2018 / David Corker
Issue: 7794 / Categories: Features , Fraud , Criminal , Commercial
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Why UWOs & tax evasion are not what really matter

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The authorities muster their forces to tackle ‘dirty money’. David Corker remains unimpressed

The Criminal Finances Act 2017 (CFA) is the most significant criminal fraud statute for many years. While the Criminal Justice Act 2003 affected criminal law changes in relation to hearsay, bad character and disclosure, there was no specific focus on fraud. Although the Fraud Act 2006 and the Bribery Act 2010 are noteworthy, their effects are limited. The former was enacted partly to abolish recourse to the common law offence of conspiracy to defraud, an enduring Serious Fraud Office (SFO) favourite. The bribery statute, a key milestone in the expanded model of corporate criminal liability, is otherwise narrowly focused.

Unexplained wealth orders

Chapter 1 of Part 1 and Part 3 of the CFA are key provisions. The former concerns unexplained wealth orders (UWOs). Within a month of being implemented, the National Crime Agency proclaimed that it had obtained two of these. Part 3 concerns the new corporate criminal offence: facilitation of tax evasion. Only a few prosecutions are contemplated; of these, almost none in relation

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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