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Business Crime Solicitor on Fraud, Bribery and Money Laundering sentencing

A recent consultation on sentencing guidelines for fraud, bribery and money laundering may result in a widening of the scope of offences to be covered to include the common law offence of cheating the public revenue and, for the first time to cover the secondary offence of conspiracy to commit the primary offences.

Business Crime Solicitor explains how the consultation, which closed on 4 October 2013, asked a number of experts in this sector including the team at Slater and Gordon, to respond to proposals to replace the SGC Fraud guidelines introduced in 2009.

The 2009 guidelines grouped the offences into distinct categories such as possession, making and supplying articles for the use of fraud and obtaining credit through fraudulent means. Although there is a similar approach in the new proposals, there will be a slightly different categorisation as confidence fraud will in future be categorised with banking and insurance fraud.

The final draft of the proposals is thought to be in the pipeline for early 2014 to give those advising corporate offenders the opportunity to consider deferred prosecution agreements as an option. The guidelines will not come into force until Summer 2014.

For further information contact Shula de Jersey in London or Craig McAdam in Manchester.