Tag results for 'Cryptoassets'

The UK’s new failure to prevent fraud offence – should crypto firms brace for impact?

The United Kingdom recently introduced legislation which expands the scope of corporate criminal liability. The Economic Crime and Corporate Transparency Act 2023 (the Act) aims to strengthen the UK’s response to financial crime through an array of measures. For crypto firms, the primary touchpoints in the Act are the standalone provisions which concern crypto assets in Part 4. Those provisions are focused on the powers of UK law enforcement agencies to seize and recover crypto assets and enable the seizure and forfeiture of crypto assets believed to be the proceeds of crime, or which are connected to terrorism on reasonable grounds without first requiring a criminal conviction. This article, however, considers how the introduction in Part 5 of the Act of a new offence of failing to prevent fraud, that may have a wider impact on crypto firms and make it easier for criminal prosecutions to be brought against organisations.

Released on Apr 15, 2024