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Inside Investigations

Issue 2: July 2022

Inside Investigations

Editor's Note

Welcome to the latest edition of Inside Investigations, Mishcon de Reya's quarterly publication that provides insight into developments in the white collar and corporate crime and investigations space over the last quarter. In this edition we take a look at a number of notable developments including:
The Law Commission's proposals for reforming corporate criminal liability and the potential impact that might have on companies in terms of compliance burden; A recent red alert issued to help the private sector understand the common techniques used by designated persons to evade sanctions; The implications of the Building Safety Act 2022 and the remit, responsibilities and wide-ranging criminal and enforcement powers of the new Building Safety Regulator; Investigating sexual misconduct allegations in the workplace and the practical criminal law considerations which might arise; The FCA's continued tough stance on financial crime; and The work of the Joint Chiefs of Global Tax Enforcement to tackle international tax crime.

Read the full note

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Sexual Misconduct in the Workplace ("SMIW") Investigations: Practical Criminal Law Considerations

In recent years, following the #MeToo disclosures, SMIW investigations have become increasingly common. In addition to the potential reputational issues that may arise in relation to allegations of sexual misconduct in the workplace, and the fact the compensation available in discrimination claims in the Employment Tribunal is unlimited, the nature of SMIW allegations (when taken at their highest) are frequently capable of also amounting to criminal offences.

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Spotting and preventing sanctions circumvention

In July the National Crime Agency, National Economic Crime Centre, the Joint Money Laundering Intelligence Taskforce, and the Office of Financial Sanctions Implementation jointly published a red alert on sanctions evasion typologies. The alert is intended to provide the private sector with information gathered by law enforcement about the common techniques used by designated persons to evade sanctions.

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