Searching Content indexed under White Collar Crime, Anti-Corruption & Fraud by Herbert Smith Freehills ordered by Published Date Descending.
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Pre-Contractual Statements: When Can They Come Back To Bite You?
Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual statements will, no doubt,
10 Oct 2019
FATF And APG Publish Long-Awaited Mutual Evaluation Report On Hong Kong
Following the Financial Action Task Force (FATF) and the Asia/Pacific Group on Money Laundering's inspection of Hong Kong in October and November 2018, their much anticipated
Hong Kong
10 Sep 2019
Indonesia's KPK Ramps Up Rolls-Royce Investigation With Key Arrests And Charges
Indonesia's Corruption Eradication Commission (KPK) has charged Emirsyah Satar, the former head of state airline, Garuda, with money laundering and ordered his detention
29 Aug 2019
SFO Corporate Co-operation Guidance
On 6 August 2019 the UK Serious Fraud Office ("SFO") published its Corporate Co-operation Guidance which forms part of the SFO's internal Operational Handbook.
29 Aug 2019
Approval Of UK's Fifth DPA Concludes SFO Investigation Into Serco Companies
On 4 July 2019, Mr Justice William Davis approved a Deferred Prosecution Agreement ("DPA") agreed between the Serious Fraud Office ("SFO")
16 Aug 2019
Hong Kong Court Considers Tests For Dishonesty And Blind-Eye Knowledge In Dishonest Assistance Claims
In Re Galleria (Hong Kong) Limited [2019] HKCFI 1877, the Hong Kong Court of First Instance examined the legal principles in relation to dishonesty and blind-eye knowledge.
Hong Kong
14 Aug 2019
Commercial Court Considers Contractual Discretion Of Bank To Close Customer Account Without Notice Where There Is Suspicion Of Money Laundering
In a recent decision, the Commercial Court has upheld a financial institution's decision to exercise its contractual right to close a customer's accounts and terminate its relationship without notice
5 Aug 2019
SFC, CSRC And MOF Sign Tripartite MOU On Access To Audit Working Papers Kept In Mainland China
Last week, the Hong Kong Securities and Futures Commission (SFC) signed a tripartite memorandum of understanding (MOU) with the China Securities Regulatory Commission
Hong Kong
30 Jul 2019
Moscow Corporate Crime And Investigations Newsletter – July 2019
This newsletter summarises recent Russian regulation, enforcement and court practice developments which may be relevant for doing business in Russia from a corporate crime and investigations perspective.
Russian Federation
25 Jul 2019
Corporate Crime Update – Winter 2019
Welcome to the Winter 2019 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering ...
3 Apr 2019
The Hong Kong Court Of Appeal Considers Constitutionality Of The Requirement To Disclose Suspicious Transactions
In Interush Limited & Anor v The Commissioner of Police, the Commission of Custom & Excise and Mak Wing Yip Cyril, Superintendent of Police [2019] HKCA 70,
Hong Kong
3 Apr 2019
High Court Refuses Permission For Collateral Use Of Disclosed Documents And Witness Statements To Respond To US Grand Jury Subpoena
In a decision illustrating the court's strict approach to the rule prohibiting the use of disclosed documents and witness statements for a collateral purpose, the High Court has refused a party permission.
3 Apr 2019
Supreme Court Clarifies Test For Setting Aside Judgment For Fraud
The Supreme Court has resolved uncertainty as to the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud. Overturning the Court of Appeal's decision
2 Apr 2019
Permission For Expert Evidence Of Financial Market Practice Refused In Relation To Allegations Of Dishonesty But Granted For Other Purposes
In a recent decision, the High Court refused the defendant financial advisers and agents permission to call expert evidence of financial market practices in relation to an allegation that they had acted dishonestly: Carr v Formation Group Plc [2018] EWHC 3116.
27 Dec 2018
Court Will Ordinarily Apply English Law In Absence Of Evidence Of Relevant Foreign Law, Unless Defendant Shows It Would Be Inappropriate To Do So
The High Court has held that where a claim was, in principle, governed by foreign law, but the claimant had not pleaded or proved the content of that law,the court would apply English law to the claim
15 Nov 2018
High Court Finds SFO Can Compel Production Of Documents Held By Foreign Company Outside The Jurisdiction
In a recent decision in the context of a judicial review,the High Court held that the SFO was able to compel a foreign company to produce documents located outside the jurisdiction, pursuant to s.2(3)
14 Nov 2018
High Court Orders Indemnity Costs Following Discontinuance Of Proceedings Alleging Serious Fraud
The High Court has ordered indemnity costs against a claimant who made repeated and serious allegations of fraud against the defendants and then discontinued the proceedings without explanation
12 Sep 2018
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