Pallas Partners LLP

“This is probably another Supreme Court case, for better or for worse." Following a federal court judge's decision to dismiss Donald Trump's classified documents case, our partner and former federal prosecutor Josh Naftalis shares his predictions for the appeal with ABC News. Read the full article here: https://lnkd.in/erErjVxX #PallasPartners 

In the latest episode in our securities litigation video series, our London partner Fiona Huntriss considers the role of reliance in English securities litigation and explores the opportunities and risks for parties bringing or defending claims. Watch the previous videos in our securities litigation series: https://lnkd.in/eNxf73Mv #PallasPartners #SecuritiesLitigation #Litigation

As the criminal trial of Bill Hwang, founder of Archegos Capital Management, comes to a close, our partner and former federal prosecutor Josh Naftalis discusses the defendants’ key themes of the closing arguments with Scarlet Fu on Bloomberg Markets. Watch the full interview here: https://lnkd.in/exYH-Hsw #PallasPartners

The Court of Appeal’s important decision in R (World Uyghur Congress) v the NCA (World Uyghur Congress, R (On the Application Of) v National Crime Agency [2024] EWCA Civ 715 (27 June 2024) (bailii.org)) is about whether the NCA was wrong to refuse to investigate potential money laundering in connection with the import of clothes and other goods from Xinjiang in China (where many Uyghurs live), where the clothes were alleged to be the product of forced labour. It has two aspects to it, the second of which clarified a very technical but key point in the Proceeds of Crime Act (POCA). The first point is that it is not necessary, as the NCA said, to establish specifically identifiable criminal property before a POCA investigation can begin. That is putting the cart before the horse: investigation is often needed to turn grounded suspicion into concrete evidence of crimes. Second, the Court ruled on the so-called adequate consideration defence under POCA. Under this defence, if a person obtains criminal property in return for adequate consideration, he is not guilty of the offence of acquiring, using or possessing criminal property. The normal example is a corner shop owner who sells a pack of cigarettes to a drug dealer, having just seen him receive that money in exchange for drugs. If he sold the cigs for value, he has not committed that offence. But as the Court made clear, the property received remains criminal property and can still found the basis of a money laundering offence. This is even the case for the person who gave the adequate consideration, since that consideration does not provide a defence for the other principal money laundering offences: concealing etc criminal property and being concerned in an arrangement relating to criminal property. And this makes me think. Adequate consideration makes it legal to “use” criminal property. But under the crime of concealing etc, it is illegal to “transfer” criminal property. So if the corner shop owner deposits the dirty tenner in his bank account, and then make a transfer out of the account – he’s committed a crime! So the defence becomes useless if you put money in the banking system. This is a real incoherence in POCA which has yet to be worked out. Any thoughts welcomed. #moneylaundering #antimoneylaundering #aml #poca

Our partner and former federal prosecutor Josh Naftalis and counsel Melissa Kelley discuss key takeaways from the Supreme Court's substitute expert decision in Smith v. Arizona in an article for Law360.      The court's unanimous opinion is significant because it restricts prosecutors' ability to use substitute experts. Although this case arose in the context of narcotics testing, what remains to be seen is how its reasoning will affect the use of expert witnesses in other types of criminal cases, including white collar prosecutions. Read the full article: https://lnkd.in/eap_dF5A #PallasPartners #Investigations #WhiteCollar

Yesterday, colleagues from our London office participated in The London Legal Walk hosted by London Legal Support Trust. The walk raises vital funds to ensure that legal help reaches our community’s most vulnerable individuals. #LondonLegalWalk #ProBono #Community

We are thrilled to have won Litigation Boutique Firm of the Year The Lawyer Awards 2024. These prestigious awards honour top-notch lawyers and powerhouse firms across a number of diverse areas. Congratulations to all of the winners! #Awards #PallasPartners #Litigation #LawFirms

Looking forward to co-chairing day two of @C5 Communications Annual Anti-Corruption Conference together with Angela Main in London today. After a jam packed day one in which, amongst other topics, we covered ESG, generative AI, whistle-blower risk management and DOJ compliance, day two will provide insights on multi-jurisdictional compliance programme expectations, compliance awareness, sanctions and export controls, and much more! Find out more here: https://lnkd.in/eTUcaKUR #Investigations #Enforcement #AntiCorruption #Whistleblowing

We are delighted that our partners Neil Pigott and Nelson Goh, counsel Kimmie Fearnside and Alessia de Quincey and associates Rekha Rogers, James Newton and Alysha Patel have been included in the inaugural Pro Bono Recognition List of England & Wales.   The list recognises barristers and solicitors who have given 25 hours or more pro bono legal assistance over the last year.   The initiative is supported by the Lady Chief Justice, The Law Society, The Bar Council of England and Wales and all the major pro bono organisations under the aegis of the Attorney General’s Pro Bono Committee.    Find out more about the Pro Bono Recognition List here: https://lnkd.in/e9F9sPZm   #ProBono 

I enjoyed speaking with James Fanelli at The Wall Street Journal about the trial of Senator Menendez.