The Ministry of Justice has published a call for evidence on corporate liability for economic crime. There has been much criticism for some time of the difficulties enforcement agencies have when trying to prosecute corporates for offences such as money laundering. One particular problem has been in proving the “directing mind and will” of businesses, which was addressed by the Bribery Act’s introduction of the “failure to prevent” offence. The call for evidence seeks views on whether this is a good model to pursue, whether to introduce a type of vicarious liability offence so companies are guilty through the actions of their staff, without any further need to prove complicity, and what the benefits would be of strengthening regulatory regimes. The government is keen to build on the measures already being introduced in the Criminal Finances Bill. The call for evidence closes on 24 March.
Welcome to FIN
FIN. User Guide
You can use FIN. to suit your needs – scroll down our updates (they are in reverse date order), and click on any update to get more information and links to source materials. Or tailor it to your interests, by searching for items by category or by trending tag. You can always access FIN. directly, or you can be added to our contact list and we’ll email you every Friday to provide you with a round up of what’s happened that week.
About Womble Bond Dickinson