Financial crime

Read thoughts from Allen & Overy on financial crime issues in the context of financial services investigations.

SEC Creates Cyber Enforcement Unit

Kurt Wolfe

The Enforcement Division of the U.S. Securities and Exchange Commission recently announced the formation of a dedicated “Cyber Unit” that will focus on detecting and prosecuting cyber-related misconduct. (1)   The announcement follows several statements by high-ranking SEC officials that stress the programmatic importance of cyber enforcement. For example, in a recent interview with Reuters, Read More

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Kokesh is a game changer for the SEC’s FCPA Enforcement Program

Kurt Wolfe

The U.S. Supreme Court recently ruled, in Kokesh v. SEC, that a five-year statute of limitations applies to claims for disgorgement in SEC enforcement proceedings. It is an important decision that is likely to impact the SEC’s enforcement program, particularly in Foreign Corrupt Practices Act (FCPA) cases. Below, we suggest five changes that are likely to Read More

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Is it the end of the road for the SFO?

Blair Keown

The Conservative Party has pledged in its manifesto to incorporate the Serious Fraud Office (SFO) into the National Crime Agency (NCA). As Home Secretary, Theresa May twice tried unsuccessfully to restructure the SFO. In 2011, she proposed sending the SFO’s investigators to the NCA and its prosecutors to the Crown Prosecution Service. In 2014, reports Read More

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The Criminal Finances Act

Calum Macdonald

On 27 April, the Criminal Finances Bill received Royal Assent. Now the Criminal Finances Act 2017, it represents the most significant development in the UK’s anti-money laundering regime in more than a decade and the largest expansion of corporate criminal liability since the Bribery Act 2010. We have covered key parts of the Criminal Finances Act previously Read More

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The FCA’s Business Plan 2017/2018: Key themes

Samantha Holland

Earlier this week, on 18 April 2017, the UK Financial Conduct Authority (the FCA) published its Business Plan for 2017/2018 setting out the FCA’s activities and priorities for the coming year. At the same time the FCA published its Mission (see our previous blog post on the FCA’s consultation on its Mission here) and, for Read More

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