Training & Knowledge: November 2020

23rd Nov 2020Blog

DPA Update: Airline Services Limited

In a judgement handed down at Southwark Crown Court on 30 October 2020, May J approved the terms of a Deferred Prosecution Agreement (“DPA”) made between the Director of the Serious Fraud Office (“SFO”) and Airline Services Limited (“ASL”).[1] This is the third DPA this year, following the approval of DPAs with Airbus in January[2] […]

18th Nov 2020Articles

Gavin Irwin reviews the recent surge in enforcement activity at the Financial Conduct Authority

After Konstantin Vishnyak’s acquittal at Southwark Crown Court, on 28 September 2020, for destroying communications information, the FCA has recently signalled a renewed intensity in investigations and enforcement action in relation to: (1) unregulated collective investment schemes; (2) market abuse; and, (3) non-financial misconduct. Collective Investment Schemes There are many types of collective investment scheme […]

16th Nov 2020Blog

The Risks of Social Media in Sport

Since the advent of social media, the list of those who have fallen from grace through ill-advised and, at times, offensive public comment is long and distinguished. Nowhere is this risk more obvious than in the sporting context, where a combination of youth, self-belief and hubris provides a heady mix. Sport at all levels encourages […]

9th Nov 2020Blog

POCA: A new future for the defendant’s “benefit”

Introduction The introductory text to the Proceeds of Crime Act 2002 places the defendant’s benefit at the heart of the confiscation regime.  The Act was established “to provide for confiscation orders in relation to persons who benefit from criminal conduct”.[1]  But what is meant by the defendant’s “benefit” has been neither uncontroversial nor constant. When, […]