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Inside Investigations

Issue 2

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.

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Reforming corporate criminal liability: the Law Commission's June 2022 proposals

On 10 June 2022, the Law Commission published its long-awaited report setting out options for the reform of corporate criminal liability in the UK.

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Joint Chiefs of Global Tax Enforcement: have the J5 met their objectives for collaboration and enforcement?

The Joint Chiefs of Global Tax Enforcement (the "J5") is comprised of senior officers from the tax authorities of Australia, Canada, the Netherlands, USA and the UK, and aims to combat transnational tax crime and money laundering through strategic collaboration. Four years after the group's formation its investigations and prosecutions appear to be gathering pace.

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There is a new "Sheriff" (of Higher-Risk Residential Buildings) in town

Following the tragic events of Grenfell five years ago, the long-awaited Building Safety Act 2022 ("the Act") is now in force, although some parts will not be effective for another 12-18 months.

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The FCA continues to take a tough stance on financial crime failures

The Financial Conduct Authority (FCA) has issued fines totalling £13.6 million against two companies, JLT Specialty Limited (JLTSL) and Ghana International Bank Plc for failures regarding their financial crime controls.

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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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