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Insight
February 8, 2024

Environment Agency Introduces Economic Crime Unit

The Environment Agency has established an Economic Crime Unit (ECU) aimed at curbing money laundering and other financial crimes within the waste management industry. The ECU's mission, in the agency's own words, is "to ensure those working in waste management do the right thing and gangsters are unable to operate in the sector." This initiative comes in response to findings that nearly 20% of all waste in England is managed illegally.

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Insight
January 27, 2024

Understanding the Economic Crime and Corporate Transparency Act

The Economic Crime and Corporate Transparency Act 2023, while less publicised than its name might suggest, is a crucial piece of legislation broadening the scope of corporate criminal liability. Its primary aim is to bolster the UK's capabilities in detecting and sanctioning significant economic crimes, including the estimated £100 billion laundered annually through the UK.

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Insight
January 26, 2024

Disclosure Orders under the Proceeds of Crime Act

When an appropriate investigating officer, as defined by PoCA 2002, issues a Disclosure Order, they must provide written notice to those believed to hold relevant information. If you receive this notice, compliance is mandatory – you must furnish the requested information, answer specific questions, or produce documents as required.

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Insight
January 24, 2024

The Implications of the Online Safety Act 2023 on Online Businesses and the UK Tech Sector

The Online Safety Act 2023 received royal assent in October 2023 and is already sparking serious debate over the immediate action required by businesses and the wider impact on the sector. “Big Tech” players are already under considerable pressure in Europe following the implementation of the EU’s Digital Services Act in November 2022, meaning that the UK’s new regulatory regime risks deterring online service providers from participating in the UK market.

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Insight
January 24, 2024

HMRC Criminal Investigations

The HM Revenue & Customs (HMRC) may launch a criminal investigation when there are suspicions of tax evasion or fraud by businesses or individuals. Such investigations are particularly serious and may stem from findings during civil investigations that suggest criminal behaviour.

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Insight
January 10, 2024

Third Party Interests in Confiscation Proceedings

Third parties often find their assets entangled in confiscation orders. We specialise in representing interested parties, typically family members or business associates, who are inadvertently involved in confiscation proceedings. Under Sections 10A and 18A of the Proceeds of Crime Act (PoCA), courts can consider input from third parties before issuing a confiscation order.

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Insight
January 5, 2024

Understanding Serious Fraud Office Investigations

The UK's Serious Fraud Office (SFO) plays a pivotal role in combatting serious financial crimes, including fraud, bribery, and corruption. Known for their thorough approach, the SFO is one of the few entities that both investigates and prosecutes these complex and significant cases. Understanding the scope and methods of the SFO is crucial for anyone involved in such investigations.

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Insight
January 4, 2024

Account Freezing Orders (AFOs)

Account Freezing Orders (AFOs) have become a prevalent tool for investigative authorities to temporarily freeze funds in accounts held by individuals and businesses. These orders are typically triggered following a Suspicious Activity Report (SAR) made by a financial institution, such as a bank or building society, due to unusual transaction activities.

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Insight
January 3, 2024

Confiscation Proceedings under the Proceeds of Crime Act

Confiscation proceedings are a critical aspect of the legal process that follows a conviction involving financial gain or attempted financial gain. Governed by the Proceeds of Crime Act (PoCA) 2002, these proceedings aim to address key questions: has the defendant benefited from the crime, what is the value of this benefit, and what sum is recoverable from the defendant?

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Insight
November 17, 2023

Can Algorithms be held accountable for Defamation?

Can an artificial intelligence (generative AI) system or its owner be held accountable for defamatory remarks made by the AI? In considering this question, a recent Wall Street Journal article recounted an incident where OpenAI’s Generative AI tool, ChatGPT, was asked about its relationship with an editorial cartoonist but provided an inaccurate description, shedding light on the potential risks associated with AI generating defamatory statements.

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