Law Commission Symposium on POCA - Kennedy Talbot QC to Chair & Martin Evans QC on panel.

In 2017, the Law Commission agreed with the Home Office to review and make proposals for reform of limited aspects of the anti-money laundering regime in Part 7 of the Proceeds of Crime Act 2002 and of the counter-terrorism financing regime in Part 3 of the Terrorism Act 2000. This followed a discussion of ideas for inclusion in the Law Commission’s 13th Programme of Reform. The primary purpose of the review is to improve the prevention, detection and prosecution of money laundering and terrorism financing in the United-Kingdom.

The review will cover the reporting of suspicious activity in order to seek a defence against money laundering or terrorist financing offences in relation to both regimes. Specifically, the review will focus on the consent provisions in sections 327 to 329 and sections 335, 336 and 338 of the Proceeds of Crime Act 2002, and in sections 21 to 21ZC of the Terrorism Act 2000.

The review will also consider the interaction of the consent provisions with the disclosure offences in sections 330 to 333A of the Proceeds of Crime Act 2002 and sections 19, 21A and 21D of the Terrorism Act 2000.

Please contact the Practice Directors if you would like to find out more or instruct Kennedy or Martin 

Corporate Governance Conference 2018: Getting it right in time of change

Martin Evans QC will be speaking at the 2018 Corporate Governance Conference on the 26th June.

"Theresa May stood on the doorstep of 10 Downing Street on her first day as Prime Minister, she announced that she wanted big businesses to be held to account: the latest corporate governance proposals seek to reform executive pay, strengthen the employee, customer and supplier voice, and tackle the corporate governance of large privately-held businesses. These proposals are in the process of being implemented including a ‘shorter and sharper’ Code of Corporate Governance being finalised by the Financial Reporting Council for 2019."

The conference brings together experts, academics and practitioners to provide practical insight into the key corporate governance events for 2018.

The conference will help delegates to:

• Identify trends and developments in corporate governance.

• Understand the interplay between governance and corporate success – and what to do when things go wrong.

• Share the highs and lows of a range of GDPR compliance projects.

• Get up to speed on new reporting obligations, including gender pay gap.

• Hear the latest on government-proposed corporate governance reform.

• Get the lowdown on corporate crime, including the offence of failure to prevent the facilitation of tax evasion.

Martin Evans QC is speaking on the subject of:

Trends in corporate crime

"From the introduction of Deferred Prosecution Agreements in 2014 to the new corporate crime of ‘failure to prevent the facilitation of tax evasion’ introduced last year, much has changed in the world of corporate crime in recent years. The focus is on companies putting in place adequate policies, procedures and processes to avail themselves of a defence. This session will consider the latest trends, including:

•Whither ‘directing mind and will’?

•What is a ‘failure to prevent’ offence? What does it mean?

•Deferred Prosecution Agreements

•Investigations, documents and privilege

•Litigation Privilege over documents prepared as part of an internal investigation: the Bilta and ENRC decisions considered

•Privilege against self-incrimination and pre-existing material: River East"

See http://www.clt.co.uk/media/974308/cf9731.pdf for the full conference schedule and booking details.

Criminal Finances Act 2017 - Further provisions coming into force on 30th and 31st January

The Criminal Finances Act 2017 (Commencement No.4) Regulations 2018 - SI 2018 No. 78 - includes the following sections:

2. The following provisions of the Act come into force on 30th January 2018—

(a) section 15 (forfeiture of certain personal (or moveable) property) so far as it inserts section 303E(4) into POCA;

(b) section 16 (forfeiture of money held in bank and building society accounts) so far as it inserts sections 303Z2(4) and 303Z10 into POCA and so far as section 303Z10 is not already in force;

(c) section 21(5) (immigration officers);

(d) section 38(4) (forfeiture of terrorist cash) so far as it inserts paragraph 5A(10) into Schedule 1 to ATCSA;

(e) section 39 and paragraph 1 of Schedule 3 (forfeiture of certain personal (or moveable) property) so far as they are relevant to paragraph (h);

(f) section 40 and paragraph 1 of Schedule 4 (forfeiture of money held in bank and building society accounts) so far as they are relevant to paragraph (i);

(g) section 53 and paragraph 17 of Schedule 5 (minor and consequential amendments) so far as they are relevant to paragraph (j);

(h) paragraph 2 of Schedule 3 so far as it inserts paragraph 10G(9) into Schedule 1 to ATCSA;

(i) paragraph 2 of Schedule 4 so far as it inserts paragraph 10X into Schedule 1 to ATCSA and so far as not already in force;

(j) paragraph 49 of Schedule 5 so far as not already in force.

3. The following provisions of the Act come into force on 31st January 2018—

(a) sections 1 to 6 (unexplained wealth orders);

(b) sections 7 and 8 (disclosure orders);

(c) section 13 (unlawful conduct: gross human rights abuses or violations);

(d) section 16 (forfeiture of money held in bank and building society accounts) so far as not already in force;

(e) section 17 (Serious Fraud Office) so far as it relates to paragraphs (x) to (aa);

(f) sections 19 to 21 (extension of powers) so far as section 21 is not already in force;

(g) section 22 (search and seizure warrants: assault and obstruction offences) except so far as it inserts section 356A(3)(b) and (4)(b) into POCA;

(h) section 23 (assault and obstruction offence in relation to SFO officers) except so far as it inserts section 453B(3)(b) and (4)(b) into POCA;

(i) section 24 (external requests, orders and investigations);

(j) section 25 (obstruction offence in relation to immigration officers) except so far as it inserts section 453C(2)(c) into POCA;

(k) section 26 (seized money: England and Wales);

(l) section 29 (recovery orders relating to heritable property) so far as not already in force;

(m) section 31(1) (accredited financial investigators) so far as it is relevant to paragraph (n);

(n) section 31(2) and (4);

(o) section 32(1) and (7) (reconsideration of discharged orders) so far as it is relevant to paragraph (p) and section 32(4) of the Act;

(p) section 32(2) and (3);

(q) section 33 (confiscation investigations: determination of the available amount);

(r) section 34(1) (confiscation orders and civil recovery: minor amendments) so far as it is relevant to paragraph (s) and section 34(3) of the Act;

(s) section 34(2) and (5) to (11);

(t) section 35 (disclosure orders);

(u) section 38 (forfeiture of terrorist cash) so far as not already in force;

(v) sections 39 (forfeiture of certain personal (or moveable) property) and 40 (forfeiture of money held in bank and building society accounts) so far as not already in force;

(w) section 53 and paragraph 17 of Schedule 5 (minor and consequential amendments) so far as they are relevant to provisions coming into force on 31st January 2018 as provided for by regulation 5;

(x) paragraph 1 of Schedule 1 (powers of members of staff of the Serious Fraud Office) so far as it is relevant to paragraphs (y) to (aa);

(y) paragraph 2(1) of Schedule 1 so far as it is relevant to paragraph (z);

(z) paragraph 2(2) and (3) of Schedule 1 so far as it inserts references to Part 2 of POCA;

(aa) paragraphs 3 to 6 and 11 to 26 of Schedule 1;

(bb) Schedule 2 (disclosure orders);

(cc) Schedule 3 (forfeiture of certain personal (or moveable) property) so far as not already in force;

(dd) Schedule 4 (forfeiture of money held in bank and building society accounts) so far as not already in force.