the corporate & financial crime 2017 conference...how to identify pscs and relevant legal...

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Europe’s leading topical and research based banking and corporate finance conferences London, 18 th September 2017 The Corporate & Financial Crime 2017 Conference The Latest Developments in Prevention, Detection & Strategies

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Page 1: The Corporate & Financial Crime 2017 Conference...How to identify PSCs and relevant legal entities (RLEs) in relation to a company or LLP ... Tackling Financial Crime – a banking

Europe’s leading topical and research based banking and corporate finance conferences

London, 18th September 2017

The Corporate &

Financial Crime

2017 Conference

The Latest Developments in Prevention, Detection & Strategies

Page 2: The Corporate & Financial Crime 2017 Conference...How to identify PSCs and relevant legal entities (RLEs) in relation to a company or LLP ... Tackling Financial Crime – a banking

Sponsorship Opportunities Redcliffe has sponsorship opportunities available for this conference. For more information about

our sponsorship pack, booking or for conference details, please email [email protected]

Expert Speakers From

The UK financial system is a major global centre which draws attention and investment from around the world. It is also a hot bed for criminals, particularly money launderers

and fraudsters, seeking to profit from proceeds of crime.

Protecting the integrity of the financial market, by ensuring that businesses have a strong understanding of effective anti-financial crime procedures, tools, systems and

controls in place, is critical for the continuing success of the UK financial system.

The various departments at banks, private equity funds, financial service providers,

accountants, advisories, law firms and companies should work together as a holistic unit to help combat financial crime.

This conference brings together the foremost experts in the fight against financial crime

to hear about their approaches and to inform debate on the wider landscape, including

hot topics such as the issues surrounding Brexit and the Dark Net.

Overview

Page 3: The Corporate & Financial Crime 2017 Conference...How to identify PSCs and relevant legal entities (RLEs) in relation to a company or LLP ... Tackling Financial Crime – a banking

A review of corporate & financial crime 2016/17 - Recent cases, issues, strategies and the

road ahead

Suzie Ogilvie - Global Head of Financial Crime and Sanctions, Freshfields Bruckhaus

Deringer LLP

Review of financial and corporate crime in 2016-2017 – what are the lessons learnt?

Fighting financial crime – Outlook of the recent general climate

Outlook of the retail and wholesale consumer and users of financial markets

How effective has the financial system been in providing effective prevention to financial crime?

Progressive growth of global trade – How the current preventing measures meeting the larger

volume of global deals?

Recent development in the legislation: stronger norms about what is and is not acceptable. Is

zero tolerance the way to go?

The challenges and opportunities created by technology

Approach to the future

Trade Based Money Laundering – Current situation and future plans to fight the fraud

effectively Ruth Bailey, Global Head of Investigations, Financial Crime Compliance - Barclays

Introduction and Overview of TBML

Understanding Your Customer: Geographic Risk and Know Your Importer and Exporter (KYI&E)

Proven Techniques for Identifying Red Flags and Tackling Monitoring Challenges

Due diligence and combating the financing of terrorism in trade and correspondent banking

How can AML and compliance teams manage the complexity of trade and transaction products?

Insight into how to automate your monitoring and other practical issues

AML and compliance teams – how are their expectations changing in the new global trade

environment

The importance of due diligence – is due diligence failing or is corporate crime

succeeding?

The Case of Mabey Engineering (Holdings) Limited

Part V, Proceeds of Crime Act

Civil Recovery Orders

Dealing with the Serious Fraud Office

The importance of Adequate Procedures

British Standards Institution (BS ISO 37001:2016) dealing with anti-bribery management

systems

Anti-bribery due diligence and risk checklists

Inherent risks (geographical and sector)

Business model risks

Legislative footprint

Organisational risks

Anti-bribery programme

Key bribery risks

Incidents

Register of persons with significant control: where are the criminals hiding? A quest for

the actual final benefiters - means and methods to drive them out

Who or what is a person with significant control (PSC)?

How to identify companies and LLPs in private fund structures that need to keep a PSC

register

How to identify PSCs and relevant legal entities (RLEs) in relation to a company or LLP

Direct v Indirect interests; Registrable v Non-registrable PSCs and RLEs

Page 4: The Corporate & Financial Crime 2017 Conference...How to identify PSCs and relevant legal entities (RLEs) in relation to a company or LLP ... Tackling Financial Crime – a banking

Investor Directors and Limited Partners

Safe Harbours

The importance of a director’s role and relationship in determining whether they are a PSC

Do limited partners need to be disclosed on a PSC register?

The distinction between a limited partner and general partner in relation to the PSC register

Swamping rights and the register

Tackling Financial Crime – a banking perspective

Identity frauds

Company identity frauds

Long Firm fraud

Phoenix Companies

Company Hijacking

How customers can create false images

Business Cards

Accounts

Invoices

Banking Details

Business Locations

Social Media

Personal information

The use of scoring checklists in customer vetting

Experian

Dun & Bradstreet

CIFAS

Verifying information provided

Projections for 2017

Legal personality risk

Entity Classification

Logical Entities Creation

Historical Behaviour Profiling

Peer Group Behaviour Profiling

Anticipatory Behaviour Profile

Principal customer frauds – Red Flags and key mitigants

Financial Fraud - What do the accountants need to look out for?

Accounting system frauds

Increasing Income

Decreasing Expenses

Overstating Assets

Understating Liabilities

Top management frauds

Window dressing and false reporting

Frauds against third parties

Approving related party suppliers

Acquisitions and capital purchases

Skimming and stripping

Insider dealing and market abuse

Asset/Revenue overstatements

Improper capitalisation of costs

Failure to recognise impairment Recognition of fictitious assets

Page 5: The Corporate & Financial Crime 2017 Conference...How to identify PSCs and relevant legal entities (RLEs) in relation to a company or LLP ... Tackling Financial Crime – a banking

Timing differences and fictitious revenues

Off-balance sheet financing

GAAP Improper disclosures

Improper asset valuations

Major capital expenditure/mergers and acquisitions/due diligence

Tax Evasion – How to tackle the corporate criminal offence

Corporate failure to prevent tax evasion

Three staged offence

Associated persons

UK tax evasion facilitation offence

The overseas tax evasion facilitation offence

Relevant body

Dual criminality doctrine

Defense of reasonable prevention measures

Risk assessment

Proportionality

Top level commitment

Due diligence

Communication

Monitoring and review

What should financial institutions and tax professionals do?

Risk assessments

Identifying associated persons

Update procedures to combat tax evasion facilitation

Managing Risk and Maximising Opportunity - Assessing Anti-Bribery and Corruption Risks

Risk assessments and risk based approach

S.14 of the Bribery Act

Appropriate systems and controls

CDD measures on a risk-sensitive basis

Awareness of situations which by their nature present a higher risk

Fraud risk profiling

Environmental Risk Index

Culture Quotient

Prevent/Detect Index

Heighted risks associated with corporate change and how to mitigate against these

Preventative Controls

Detective Controls

Strong set of policies and standards

Established physical security

Intrusion detection hardware and software

Auditing of system and violation logs

Setting and monitoring risk triggers

Process flow analysis

Event inventories

Organisation history

Whistleblowers

Events common to industry

Management information

Feedback loops

Online risk profiling and monitoring

Search engines

Meta Searches Specialist Engines

Page 6: The Corporate & Financial Crime 2017 Conference...How to identify PSCs and relevant legal entities (RLEs) in relation to a company or LLP ... Tackling Financial Crime – a banking

People Engines

Deep Web Searches

Industry relationships and data sharing

Implications for borrowers and sponsors

Financial Crime Compliance in International Deals – Discussing the M&A, commercial

property, restructuring, MBOs and private equity perspectives (PANEL DISCUSSION)

The importance of undertaking extensive Anti-Bribery and Corruption policy reviews

Understanding the extent of potential sanctions

Cross-border M&A and politically exposed persons

Staff training post-merger or post-acquisition

Digital Fraud – Behaviours and Tools of the Online Fraudster. An insight into the criminal

minds

Fraudster’s online forum posts and their plans against large institutions

The tools that fraudsters use, what they are and how we can detect them when in use

Machine Learning

Automated Workflow

Insight Dashboards

Device Fingerprinting

Device IDs

The DarkNet and how fraudsters trade illegally credit cards and hacked information Skimming, Phishing and Pharming

Bitcoin and “fogging” crypto-currency

The Impact of Brexit on the Fight against Financial Crime

The EU Fourth Money Laundering Directive

Recommendations from the Financial Action Task Force

The European Arrest Warrant

Potential differing strategies in sanctions and politically exposed persons?

UN Sanctions vs EU Sanctions

Using the Swiss approach?

Are we adopting the US model?

Access to information sharing and passporting

Data Protection issues in post-Brexit relationship?

MiFID II considerations: potential third country approach

Combatting financial crime – Most recent recovery strategies and tactics

Freezing and search actions

For what purposes can you seek a freezing order?

What assets may be frozen?

Scope of freezing orders?

Worldwide freezing orders

When to seek a freezing order?

Enforcement outside your jurisdiction

The UK regime

The European regime

The Commonwealth regime

Hague Convention

Civil or criminal fraud action or both?

Advantages of a civil action over criminal

Financial recovery

Standard of proof

Page 7: The Corporate & Financial Crime 2017 Conference...How to identify PSCs and relevant legal entities (RLEs) in relation to a company or LLP ... Tackling Financial Crime – a banking

Cybercrime – new threats, developing best practices and strategies to fight it

The inside track and impact on the industry – new threats

Current vulnerabilities and risks for firms

Implementing enterprise-wide cybercrime prevention systems to mitigate hacking risks

Dissecting recent cybercrime cases to fortify enterprise-wide cyber defence models

Conducting independent testing of cyber defence systems to gauge effectiveness

Cyber-laundering and recent trends

Managing cyber-crime and cyber security risks – how to strengthen your defences

Key issues and major fraud typologies

Overview of current issues

High profile topics and risk areas

Trends in fraud

Fraud in growth economies

Major fraud typologies

Employee fraud

Payroll frauds

Expense reimbursement

Invoicing schemes and supplier frauds

Shell companies

Skimming

Sales and debtors frauds

Page 8: The Corporate & Financial Crime 2017 Conference...How to identify PSCs and relevant legal entities (RLEs) in relation to a company or LLP ... Tackling Financial Crime – a banking

Participants will have the opportunity to ask questions and raise issues with the expert presenters.

http://redcliffetraining.co.uk [email protected] +44 (0)20 7387 4484

08:50-17:30

London

Standard Price: £595 + VAT Membership Price: £476 + VAT

8:50-17:30

London

£595 + VAT (£714)

8:50-17:30

London

£595 + VAT (£714)