corporate criminal liability

The priorities will impact non-US companies who may face a US DOJ with a renewed emphasis on combating corporate crime.

By Stuart Alford QC, Nathan H. Seltzer, and Christopher M. Ting

In a recent speech that has garnered significant attention, the Deputy Attorney General of the United States, Lisa Monaco, highlighted several important changes regarding how the US Department of Justice (DOJ) will pursue corporate crime during the Biden Administration. Latham’s in-depth analysis of the speech and its potential impact can be found here.

In addition to reinforcing prior statements that the Biden Administration will prioritise the prosecution of corporate and white collar crime, the speech touched on several areas that may be of particular relevance to UK and other non-US companies. This blog post highlights some of those areas.

By Daniel Smith, Clare Nida and Yasmina Borhani

The UK’s growing focus on corporate criminal liability was seen in two recent pieces of news.

Last Friday the government announced a consultation on extending the reach of corporate criminal liability to additional economic crimes, in order to avoid the current English law requirement to identify a “directing mind and will” of the company (i.e. the most senior management) to prove corporate liability, which has proved a hurdle in prosecuting large corporates. As is well known, the UK Bribery Act 2010 introduced the corporate offence of failure to prevent bribery which bypasses this hurdle, and already, an offence of failure to prevent tax evasion is making its way through parliament, to which the government is now considering adding fraud, false accounting and money-laundering.

Just as that consultation was being launched, the already existing reality of criminal liability for bribery was being felt by Rolls Royce. Following a three year investigation, the company reached a £497 million settlement with the Serious Fraud Office (SFO).