Financial crime

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

Unexplained Wealth Orders (and remainder of the Criminal Finances Act) come into force

Calum Macdonald

  You have the right to remain silent. However – under changes to the Proceeds of Crime Act 2002 – it may cost you. With effect from 31 January 2018, the Criminal Finances Act 2017 introduces an Unexplained Wealth Orders regime in the UK.   What are Unexplained Wealth Orders? An Unexplained Wealth Order (UWO) Read More

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OPBAS, the UK’s new anti-money laundering supervisor, becomes operational

Calum Macdonald

A new year, a new role for the Financial Conduct Authority (FCA). On 18 January 2018, the UK’s new Office for Professional Body Anti-Money Laundering Supervision (OPBAS) comes into effect. OPBAS is intended to be a ‘supervisor of supervisors’ with the aim of ensuring that professional body anti-money laundering supervisors comply with the UK’s anti-money Read More

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The SEC Enforcement Landscape: What to Watch in 2018

Kurt Wolfe

Last year was something of a transitional year at the U.S. Securities and Exchange Commission (“SEC” or the “Commission”) and changes are now taking shape that will figure prominently on the SEC enforcement landscape in the coming year. Among them are the influence of new leadership, new enforcement priorities and programs, and new case law. Read More

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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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