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.

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

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