1
Type
Speakers
CPD Hours Level
Conference expert panelInformation 6 UpdateInformation
SRA Competency B

Introduction

This annual conference, chaired by Jonathan Ashley-Norman QC, will address a series of ‘hot’ topics, from corporate liability in criminal proceedings through to money laundering and cybercrime threats.

Conference Agenda

This Conference will cover the following:

9.30am - 10.15am Corporate Liability in Criminal Proceedings

Nicholas Yeo, 3 Raymond Buildings

The importance of establishing when a corporation is liable in criminal proceedings for the actions of its directors and senior management has never been greater.

The rules (summarised in Tesco v Natrass and Meridian Global Funds) continue to present challenges in practice. This session will consider the application of these rules in recent SFO litigation including the Alstom litigation.

This session will cover:

  • The core principles from Tesco v Natrass and Meridian Global Funds
  • The latest authorities including Alstom and SFO v Barclays
  • An insight from the civil authorities including Singularis Holdings
  • Impact in associated corporate fields: legal professional privilege in corporate investigations and piercing the corporate veil in confiscation

10.15am - 11.00am Market Manipulation

Paul Ozin QC, 23 Essex Street

As part of the overhaul of market manipulation offences made in the wake of the LIBOR scandal and the Wheatley review, the old offences in the Financial Services and Markets Act 2000 were repealed and sections 89-91 of the Financial Services Act 2012 were enacted.

They apply to diverse activities such as the reporting of false company results by listed companies and ‘share ramping’ by individuals.

This session examines the current legal framework and recent developments and will cover:

  • The UK criminal framework: FSA 2012 offences; alternative offences
  • The wider context: the regulatory and civil regimes; the European framework and Brexit
  • Sentencing

11.15am - 12.00 The Suspicious Activity Reports Regime

Jonathan Ashley-Norman QC, 3 Raymond Buildings

Suspicious activity reports proliferate but low thresholds of suspicion and defensive reporting both dilute the value of the information supplied to law enforcement and multiply the costs to reporters.

This session will cover:

  • The Law Commission report and proposals for amending the SARs system
  • Better information sharing under the Economic Crime Plan 2019 - 2022
  • Economic crime strategic board
  • Subjective/objective suspicion: the difference between suspecting and merely having grounds to suspect
  • Case studies

12.00 - 12.45pm White Collar Plea Bargaining

Nick Vamos, Peters & Peters

The legal provisions for co-operating informants, immunity deals, proffers and negotiated pleas are rarely used in the jurisdiction whereas they are a staple of the US criminal justice system.

The SFO wants to increase their use and individuals facing prosecution need to understand the risks and benefits. This session will examine the legal framework in England & Wales compared to the US and consider the pros, cons and tactics of plea bargaining in business crime cases.

This session will cover:

  • Immunity, restricted use undertaking and sentence discounts under the Serious Organised Crime and Police Act (SOCPA agreements)
  • The AG’s guidelines on plea discussions in case of serious and complex fraud
  • Proffers
  • The size of the carrot and the size of the stick
  • Prosecutor power

12.45 - 1.00pm Questions on Morning Session

2.00pm - 2.50pm Money Laundering: How to Avoid Being Exploited by Crooks

James Waddington QC, Foundry Chambers

Virtually all large-scale money laundering schemes are facilitated by the abuse of legitimate services.

This session will focus on examples, real and hypothetical, of money laundering through the use of businesses in the UK. It will cover money laundering mechanisms and particular areas of risk for possible targets of money launderers, such as providers of professional and financial services.

This session will cover:

  • The extent of money laundering on a global and national level and the associated risks faced by UK businesses and professionals, particularly in London
  • A practical look at compliance in the context of UK statutes and regulations
  • The use of different jurisdictions, laws and rules by criminals to facilitate their offending or to hide or safeguard the profits of it
  • The types of other crime behind money laundering
  • Current initiatives and efforts to monitor and combat money laundering on an international and national level
  • Current levels and examples of criminal, regulatory and civil enforcement

2.50pm - 3.40pm Crime, the Internet and Big Data - Will your Business be Victorious or a Victim?

Dr Stephen Hill, Hill Bingham Ltd

Rapid technological shifts are revolutionising the way we conduct business, for better and for worse. This session will navigate the potential cyber security vulnerabilities and threats that your business faces in the connected world we operate in today.

In this session you will learn how to protect your digital identity to safeguard your business and will be able to:

  • Understand the current threats of cybercrime in 2020
  • Identify how cybercrime could affect you and your organisation
  • Protect your organisation from cybercrime with effective preventative techniques
  • Highlight privacy concerns online

3.55pm - 4.45pm Workshop Session on Business Crime

Philippa Eastwood, Doughty Street Chambers

This practical workshop session will cover key aspects of business crime topics covered during the course of the day, examining both the practical and legal implications. Delegates will discuss the major issues and will work through a specially devised case study.

4.45pm - Close Questions & Answers

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Conference | 11.05.2020

London | 9:30am - 5:15pm


Business Crime - 2020 Conference

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May
11
2020
London
9:30am - 5:15pm
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£280
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£420
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£560
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Discounts are available for multiple conference places. Please telephone 0161 793 0984 or information@mblseminars.com for details.
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