Business Crime: Articles

The business crime regulation team at JMW ensures clients are kept up to date on news and proceedings in this area of law by producing informative and easy-to-understand articles.

If you want to know more about any of the business crimes and legislation covered in these articles, please don’t hesitate to get in touch with us by calling 0345 872 6666, or by filling in our contact form.  

  • Conspiracy to defraud and conspiracy to commit fraud

    Sam Healey takes a look at conspiracy to defraud a common law offence.

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  • The First UK Deferred Prosecution Agreement: What and Why?

    The First UK Deferred Prosecution Agreement: What and Why?16 December 2015

    Deferred Prosecution Agreement (DPA) between ICBC Standard Bank and the Serious Fraud Office is set to advertise the existence of the SFO’s newest enforcement option in the UK.

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  • Sentencing Guidelines for Fraud, Bribery and Money Laundering

    The sentencing council have now published a guide to sentencing individuals or corporate bodies for offences of Fraud, Bribery and Money Laundering. These come into effect across England and Wales from 1st October 2014 and will apply to anyone being sentenced on or after that date.

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  • The Supreme Court Decision in R v Ahmad (Confiscation Proceedings)

    The Supreme Court Decision in R v Ahmad (Confiscation Proceedings)

    These two appeals to The Supreme Court concern the approach the court should adopt in confiscation proceedings where a number of defendants have together acquired property or money as a result of committing an offence for which all or some of them have been convicted.

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  • Mortgage Fraud Report

    Mortgage Fraud Report

    This guide is an introduction to some of the practical issues that arise in dealing with mortgage fraud cases: the common types of fraud that may arise; the issues that affect the different professionals who may come under investigation; and some of the areas that may be relevant in defending a claim.

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  • Ruling on Abuse Argument

    Ruling on Abuse Argument

    On the 1st May 2014, His Honour Judge Leonard considered applications for a stay of proceedings in a large fraud trial listed at Southwark Crown Court in April 2014. The application was based upon the submission that publicly funded defendants were without trial counsel because of cuts made to the legal aid rates in cases categorized as ‘Very High Cost Cases’ (VHCC). The judge refused to adjourn the trial and proceedings were stayed in accordance with the defendants’ joint applications.

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  • Deferred Prosecution Agreements

    Deferred Prosecution Agreements

    On 24th February 2014, an important weapon was added to the law enforcement armoury in the UK. The Deferred Prosecution Agreement is supposed to be a public, transparent agreement between an organisation and the prosecutor to defer (and ultimately withdraw) a prosecution as long as certain terms are met.

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  • Is Self-Reporting a Good Idea?

    Is Self-Reporting a Good Idea?

    Self-reporting bribery and corruption is an extremely important and sensitive step for any organisation or individual to take. Putting a toe in the water of disclosure is a difficult decision to make when you can't take your toe back out again. Eve

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  • Sentencing guidelines: Do they apply to conspiracy offences and, if so should they be applied?

    Sentencing guidelines: Do they apply to conspiracy offences and, if so should they be applied?

    On 27 February 2012 new sentencing guidelines came in to effect in drugs cases. The purpose of such sentencing guidelines are, according to the Sentencing Council , to “…help judges and magistrates decide the appropriate sentence for a criminal offence”. Section 125(1) of the Coroners and Justice Act 2009 provides that, when sentencing offenders:

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  • A Business Guide to Office of Fair Trading Consumer Regulations

    A Business Guide to Office of Fair Trading Consumer Regulations

    Regulations ban traders in all sectors from using unfair commercial practices towards consumers. They set out broad rules outlining when commercial practices are unfair

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  • HMRC Tax Inspection Notices

    HMRC Tax Inspection Notices

    An HMRC tax inspection will usually be initiated with a straightforward request to provide information and documents so that a tax payer's tax liability can be properly assessed. Where necessary, HMRC have the power to obtain authority from the first tier tribunal to request the information or to enter and search premises. Although this does not confer a power to use force, failure to co-operate can lead to financial penalties.

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  • Managing Legal Professional Privilege

    Managing Legal Professional Privilege

    The relationship between a lawyer and their client is an important one and one that must be protected. For this reason, only in very limited circumstances can the communications you have with your lawyer be released to other parties. It is a fundamental human right that we may speak to our lawyers honestly and openly, safe in the knowledge that any information we provide to them cannot be released and prejudice us at a later date.

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  • Dawn Raids: Step by Step

    Dawn Raids: Step by Step

    A step by step guide on what to do in the event of a dawn raid on your business. Follow these steps and you will be in a much better position to ensure you are treated fairly.

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  • Dealing with an HMRC Dawn Raid

    Dealing with an HMRC Dawn Raid

    Detailed advice from Evan Wright on what to do and who to contact in the event of a dawn raid on your property.

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  • Hidden Assets in Confiscation Proceedings

    Hidden Assets in Confiscation Proceedings15th February 2012

    An explanation of the procedure involved in proving a defendant does not have hidden assets during confiscation proceedings.

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  • Company Guide: Bribery Act

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  • Corporate Manslaughter and Homicide

    The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) was a direct response to the flaws of the previous common law; particularly those of the abortive identification doctrine.

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