Welcome to Allen & Overy’s Investigations Insight blog, sharing with you our views and insights into the latest trends, risks and developments in financial services investigations

The Criminal Finances Act

Calum Macdonald

On 27 April, the Criminal Finances Bill received Royal Assent. Now the Criminal Finances Act 2017, it represents the most significant development in the UK’s anti-money laundering regime in more than a decade and the largest expansion of corporate criminal liability since the Bribery Act 2010. We have covered key parts of the Criminal Finances Act previously Read More

Full disclosure: Where can documents disclosed to the regulator end up?

Stacey McEvoy

Confidential and highly sensitive information is routinely shared with the financial services regulators to enable them to perform their statutory functions. But with whom can the regulators share the information they receive? And how can those parties use the information? There is a statutory prohibition (section 348 FSMA) restricting disclosure of confidential information shared with Read More

The FCA’s Business Plan 2017/2018: Key themes

Samantha Holland

Earlier this week, on 18 April 2017, the UK Financial Conduct Authority (the FCA) published its Business Plan for 2017/2018 setting out the FCA’s activities and priorities for the coming year. At the same time the FCA published its Mission (see our previous blog post on the FCA’s consultation on its Mission here) and, for Read More

Privilege in Cross-Border Investigations – Whither Shall We Go Following the Rights Issue Decision?

Brandon O'Neil

The ripple effects of the important December 2016 decision by the English High Court in The RBS Rights Issue Litigation continue to reverberate. In holding that notes of interviews by a firm’s lawyers of the firm’s own employees created for the purpose of providing legal advice are nonetheless not protected from disclosure by legal advice Read More

Quick Read: What you need to know about the DOJ Fraud Section’s new ‘Evaluation of Corporate Compliance Programs’ guidance

Claire Rajan

In February 2017, the U.S. Department of Justice (“DOJ”), through the Fraud Section of the Criminal Division, issued new guidance on how it evaluates corporate compliance programs, available here. The Guidance details sample topics and questions that the DOJ is likely to ask in evaluating the strength of a corporate compliance program, which is of Read More