INVESTMENT FIRMS REPORT A QUADRUPLING OF CASES OF FRAUDSTERS ‘CLONING’ THEIR WEBSITES

On 1 December, the Daily Mail reported that top investment firms warn cases of sophisticated fraudsters ‘cloning’ their legitimate operations and products to steal people’s cash have soared in the past few months.  Fraudsters are using bogus websites, forged documents, fake adverts on social media and search engines, and the names and near-identical email addresses of people working in the finance industry to impersonate real companies, according to the Investment Association.

https://www.dailymail.co.uk/money/investing/article-9002193/Financial-clone-scams-spot-dodgy-products.html

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FRANCE MAKES U-TURN ON CORPORATE SUCCESSOR CRIMINAL LIABILITY

On 27 November, Deveboise & Plimpton published an article saying that the French Court of Cassation issued a landmark decision whereby public limited liability companies may now be held criminally liable for the prior criminal conduct of the companies they acquire through mergers.  The decision ruling covers so-called “merger by acquisitions”.  The article says that corporations contemplating “merger by acquisition” deals should now factor this additional risk of criminal sanctions when performing their due diligence and negotiating disclosure and warranties clauses.

https://www.debevoise.com/insights/publications/2020/11/france-makes-u-turn-on-corporate-successor

I had omitted the following link (as it did not seem to generate much interest!), but it seemed time to add it again and say that, if you would like to make a (polite) gesture and help me with my removal and computer costs, I have a page at https://www.buymeacoffee.com/KoIvM842y

RISE IN CUM-EX INVESTIGATIONS ACROSS EUROPE: CUM-EX TRADES EXPLAINED

On 30 November, a blog post from Kingsley Napley says that in recent years, Cum-Ex trading has gained notoriety following large scale regulatory, civil and criminal investigations spanning several European countries.  It explains that Cum-Ex trading is the description given to a method of rapid trading of securities around the dividend record date, which allows more than one tax rebate to be claimed in respect of the same dividend payment. The value is therefore generated at a cost to the relevant tax authority, which pays out rebates in excess of the tax received.  The article says that the last few months have seen an increase in law enforcement and regulator activity across Europe as these investigations reach maturity. It seems certain that focus is likely to remain on this complex form of trading for some time to come.

https://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/rise-in-cum-ex-investigations-across-europe-cum-ex-trades-explained#page=1

I had omitted the following link (as it did not seem to generate much interest!), but it seemed time to add it again and say that, if you would like to make a (polite) gesture and help me with my removal and computer costs, I have a page at https://www.buymeacoffee.com/KoIvM842y