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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    "Outstanding financial crime defence practice"

    Chambers & Partners, 2014 edition

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    "It’s a deluxe firm which pulls out all the stops for its clients"

    Chambers & Partners, 2014 edition

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    "They are the market leaders for serious crime’"

    Chambers & Partners, 2014 edition

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

    Legal 500, 2014 edition

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    "Hamraj Kang is noted for his very sharp legal brain"

    Legal 500, 2014 edition

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

    Legal 500, 2014 edition

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    "Hamraj Kang is a shrewd tactician and very experienced"

    Legal 500, 2013 edition

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

    Chambers & Partners 2013 edition

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    "Adept at dealing with cases that have an international dimension"

    Chambers & Partners 2013 edition

    Criminal Finances Act 2017 (‘CFA’) | Kangs Fraud Solicitors

    Criminal Defence Solicitors | Vat & Tax SolicitorsNEWSCriminal Finances Act 2017 (‘CFA’) | Kangs Fraud Solicitors

    Oct

    16

    October 16 , 2017 | Posted by Kangs Solicitors |

    Criminal Finances Act 2017 (‘CFA’) | Kangs Fraud Solicitors

    The CFA came in to force on 30th September 2017.

    and is in four parts dealing with:

    • the proceeds of crime, money laundering, civil recovery, enforcement powers and related offences
    • the extension of money laundering and asset recovery powers to apply to investigations under the Terrorism Act 2000 and Proceeds of Crime Act 2002 (‘POCA’)
    • the creation of two new corporate offences of failure to prevent facilitation of tax evasion and
    • minor and consequential amendments to POCA and other legislation.

    In this article we outline the nature of the two new offences concerning failure to prevent facilitation of tax evasion.

    Failure to Prevent Facilitation of Tax Evasion | Kangs Tax Solicitors

    The two offences created are failure to prevent facilitation of:

    • UK tax evasion offences and
    • Foreign tax evasion offences

    and are corporate offences, which cannot be committed by individuals, committed by ‘relevant bodies’.

    S.44 of CFA states that a ‘relevant body’ means:

    • a body corporate or partnership

    where a partnership is:

    • one within the meaning of the Partnership Act 1890 or
    • a limited partnership registered under the Limited Partnership Act 1907
    • a similar entity under the law of a foreign country.

    and a person acts in the capacity of a person associated with a relevant body where that person:

    • is an employee of the relevant body and acting as such
    • is an agent of the relevant body and acting as such or
    • any other person who performs services for or on behalf of the relevant body and does so in such capacity.

    S.45 of CFA states that a ‘relevant body’:

    • is guilty of an offence if a person commits a UK tax evasion facilitation offence when acting in the capacity of a person associated with it.

    UK tax evasion facilitation offences include the following:

    • aiding, abetting or procuring the commission of a UK tax evasion offence
    • being knowingly involved in the fraudulent evasion of tax by another person

    The offences apply to evasion of both UK and foreign taxes and demonstrate the British Government’s intention to tackle both national and international tax evasion.

    Potential Defence | Kangs Financial Crime Defence Team

    It is a potential defence for a relevant body to prove that when a UK tax evasion facilitation offence was committed it had in place prevention procedures designed to prevent persons associated with it, as described above, from committing such offences.

    How Can We Help? | Kangs National Financial Fraud Solicitors

    We have an experienced team of solicitors able to provide clear advice in relation to all financial matters, such as asset recovery, proceedings brought pursuant to POCA, Tax investigations brought on behalf of HMRC and allegations of fraud or money laundering.

    If you have been contacted by the SFO, HMRC, City of London Police or the FCA we will be able to assist you in responding to applications or attending interviews under caution.

    Kangs Solicitors have a proven track record in defending allegations of fraud and money laundering and we rank nationally in both the Legal 500 and Chambers and Partners for our work in Fraud.

    Our team is headed by Hamraj Kang who is one of only two solicitors nationally to be ranked as a ‘star individual’ for his work in white collar crime and fraud.

    Who To Contact | Kangs Finacial Crime Team

    If you require legal advice please contact any one of the following for a consultation at our offices in London, Birmingham or Manchester:

    Hamraj Kang
    hkang@kangssolicitors.co.uk
    07976 258171 | 020 7936 6396 | 0121 449 9888

    John Veale
    jveale@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 6396 | 07989 521 210

    Tim Thompson
    tthompson@kangssolicitors.co.uk
    07976 258171 | 020 7936 6396 | 07989 521210

    Frances Murray
    fmurray@kangssolicitors.co.uk
    020 7936 6396 | 07989 521210

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