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Criminal finance crackdown

06 October 2017
Issue: 7764 / Categories: Legal News , Criminal
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HMRC ‘will be looking for unsuspecting scalps’ now the landmark Criminal Finances Act is in force, lawyers have warned.

The Act, which came into force on 30 September, creates a corporate criminal offence of failure to prevent the facilitation of tax evasion in the UK and abroad by an ‘associated person’ (employees, agents or persons acting on the company’s behalf) unless ‘reasonable’ prevention procedures were in place.

David Sleight, partner at Kingsley Napley, said the Act was ‘extremely wide-ranging’, with ‘global reach’, and warned that HMRC ‘will be desperate to demonstrate that the new legislation has teeth’.

‘Failure to adopt appropriate safeguards could render the company liable to a criminal conviction, unlimited fines and confiscation of its assets,’ he said. ‘In the past, HMRC has encountered difficulties in prosecuting corporates for facilitating tax evasion due to the problem of attributing criminal liability to a company. The new legislation has dispensed with the need to prove that the “controlling mind” of a company (ie senior management) were aware that tax evasion had been facilitated.

‘Companies and partnerships should be urgently considering HMRC guidelines and critically assessing the adequacy of their existing systems and controls now.’

Individual suspects may also find themselves subject to an Unexplained Wealth Order from the High Court, now the Act is in force.

Peter Vaines, NLJ author and barrister at Field Court Tax Chambers, said: ‘This applies where there are reasonable grounds to suspect that a “Politically Exposed Person” (PEP), or a person who has been involved in serious crime (which includes money laundering), has property of more than £50,000 which cannot be explained by known sources. This includes having control over the property as a trustee, a beneficiary or potential beneficiary of a trust, plus a wide class of connected person. The recipient has 60 days to explain, or HMRC can seek to “recover” it—in addition to other penalties such as a spell behind bars.’

However, Vaines questioned what would happen where the PEP has diplomatic immunity, or there was a difference of opinion regarding the explanation: ‘Penalty first – trial later?’

 
Issue: 7764 / Categories: Legal News , Criminal
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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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