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Government considers changing law to ensure white collar crime is prosecuted (21 October 2014)

Date: 21/10/2014
Duncan Lewis, Legal News Solicitors, Government considers changing law to ensure white collar crime is prosecuted

The government is reported to be considering making changes to the evidence required for prosecuting white collar crime, over concerns that too many company directors are avoiding prosecution even when their firms have broken the law.

The Law Society Gazette reports that the Attorney General Jeremy Wright QC MP, has said ministers are ready to change current legislation to make prosecution of company bosses easier.

The government has not set a timescale for reforms to the current legislation, but Mr Wright said that ministers are considering “doing something” to make sure white collar crime is dealt with by the courts and company directors do not escape punishment if they break the law.

“You know something has gone wrong, but you can’t find a clear enough connection between the directing mind and what has happened,” Mr Wright said.

“We can consider doing something [to] ensure we catch this kind of criminal activity without having difficulties in a large organisation of who signed off on what.”

He said that ministers may decide to use deferred prosecutions to tackle corporate crime – and added there was no doubt this would be used when “the right case comes along”.

“If you as a corporation detect something has gone wrong [and] you’re prepared to offer full cooperation, this is a good way of making sure we have another option available,” he said.

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