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The Domestic Abuse Act 2021 amends section 33 of the Criminal Justice and Courts Act 2015 to the effect that alongside the disclosure of private sexual photographs and films the threat to disclose such material will become an offence.
Criminal 2015 Movie
In bringing forward these provisions, taking into account the ongoing Law Commission review in this area, we have tried to stay as close as possible to the provisions and drafting of the existing offence at section 33 of the Criminal Justice and Courts Act 2015 rather than making broader changes to the law.
Threatening to disclose intimate sexual images can, in many circumstances, already be covered by a range of existing offences such as stalking, harassment, malicious communications or blackmail or be captured by the controlling or coercive behaviour offence under section 76 of the Serious Crime Act 2015.
Campaigners, including the domestic abuse charity Refuge had argued for a swift change to the existing criminal law to capture the practice of threatening to disclose images defined with the section 33 offence. Whilst there exists a range of offences that could capture the threat to share these or similar images, the Government has listened to the voices of campaigners and victims on this issue.
Against the background of these concerns, and the possibility that some occasions where damaging and distressing threats to disclose such images may not be caught by the existing criminal law, the Government decided to strengthen the law in this area.
The Government acknowledges that the criminal law may in certain circumstances not fully offer the protection against this distressing behaviour, and the calls for a swift solution. As a result, we have decided to tighten up the section 33 offence by ensuring threats to disclose images are captured.
Yesterday, the President traveled to Philadelphia to address the NAACP's 106th national convention. In his remarks, he laid out the reasons why we need to reform America's criminal justice system, and why we need to invest in our communities and expand opportunity for all Americans.
Reggie and Ronnie established their gang, which they called the Firm. They bought a rundown snooker club, set up several protection rackets, and worked on growing their legacy as the most dangerous men in London's East End. Of course, to do that, robberies, hijacking, and firebombing were in order. By the 1960s, Ronnie and Reggie were the proud owners of several ritzy nightclubs, had achieved flash-bulb status, and were rubbing elbows with power players, politicians, and Hollywood's biggest stars--including Barbara Windsor, Frank Sinatra, and Judy Garland. All the while, Reggie and Ronnie kept their criminal mischief (mostly) hush-hush, hiding their felonious skeletons behind their "legitimate businesses" and charming grins.
Glamorous as they were, trouble loomed in the shadows. Ronnie was diagnosed as a paranoid schizophrenic in 1959, a disorder that came to haunt him in the coming years. After helping a criminal associate named Frank "The Mad Axeman" Mitchell escape prison in December 1966, the brothers struggled to keep their newly freed friend under control and allegedly had him killed. Ronnie had a thing for orgies mixed with politics and carried on an affair with Tory peer Lord Boothby. And while Ronnie was known as "The Queen Mother" in London's gay underworld, they both had alleged bisexual tendencies. Reggie married a woman named Frances Shea in 1965, though the tumultuous relationship allegedly involved Reggie's attempted rape of his wife's brother.
Criminal Minds is a US crime procedural series that focuses on an elite team of profilers who work out of the Behavior Analysis Unit of the FBI. In each episode, these agents of the BAU try to decipher the behavior of the criminal (who is commonly referred to in the series as an "Unsub" or "Unknown Subject") rather than strictly solving the crime. The series premiered in 2005 in the US on CBS. Criminal Minds would spawn two spinoffs: Criminal Minds: Suspect Behavior, which starred Forest Whitaker, and aired for one season in 2011, and Criminal Minds: Beyond Borders, which starred Gary Sinise, and premiered in March of 2016 and aired for two seasons until 2017. The show was renewed for its fifteenth season (a shortened season consisting of only 10 episodes), which premiered in the US in January of 2020 and aired until February of 2020. In September of 2022, it was announced that Criminal Minds would be revived as a limited series, titled Criminal Minds: Evolution, which premiered as Season 16 on the streaming service Paramount+ on Thanksgiving Day.
In 2015, the investigation and prosecution of companies and individuals who engage in horizontal collusion continued to build upon trends observed over the past several years. Record fines continue to be imposed, new enforcement regimes arise, and cartel investigations grow evermore globalized. We begin this Update by reviewing several themes observed in 2015, and then summarize worldwide developments on the anti-cartel front for the second half of 2015.
In Chile, a court similarly threw out charges against 10 individuals for allegedly participating in price fixing of pharmaceuticals, ruling that a criminal fraud statute could not apply to an alleged antitrust violation because such a violation is governed by another set of laws and, in any event, the defendants did not explicitly deceive consumers. And in the EU, both the European Court of Justice (the highest court in the EU) and the General Court (the court of first instance) have modified or annulled penalties imposed by the European Commission in a number of cartel cases, including, as detailed below, cartels involving the air-cargo, pre-stressing steel, and cathode-ray tube industries.
The Antitrust Division secured approximately $3.9 billion in criminal fines and monetary penalties during FY 2015, nearly three times the $1.38 billion secured in FY 2014, which was itself a record high.[10]
As to the pension-administration consequences of the resolution of LIBOR allegations earlier in 2015, the Department of Labor granted temporary relief in September 2015 to Deutsche Bank, allowing its affiliates to rely on Prohibited Transaction Exemption 84-14 for nine months, while noting that Deutsche Bank affiliate DB Group Services UK Limited had been criminally convicted for one count of wire fraud in connection with LIBOR manipulation.[18]
On September 3, 2015, the Antitrust Division announced that NGK Insulators Ltd., based in Nagoya, Japan, pleaded guilty to a two-count felony charge, and agreed to pay a $65.3 million criminal fine, for conduct related to a conspiracy to fix prices and rig bids for ceramic substrates used in automotive catalytic converters, as well as obstruction of justice.[22]
On November 19, 2015, the Antitrust Division announced that INOAC Corp., based in Nagoya, Japan, agreed to plead guilty and pay a $2.35 million criminal fine for conspiracy to fix prices and rig bids for plastic interior trim parts.[26]
On December 9, 2015, the Antitrust Division announced the indictment of three German executives, Frank Haeusler, Volker Hohensee, and Harald Sailer. According to the Department, the executives and their co-conspirators allegedly met to discuss prices, and agreed to set a price floor and coordinate price increases for parking heaters, which are devices used to provide heat in commercial vehicle interiors without the need to operate the engine.[30]
The cases against the remaining five defendants were tried over three weeks. In October 2015, a jury convicted Mr. Jeffers of conspiracy in violation of the Sherman Act.[54] The remaining defendants were acquitted. Mr. Jeffers will be sentenced in March 2016.[55] A number of additional individual and corporate defendants in the investigation are also expected to be sentenced in 2016.
Recent criminal enforcement efforts continue to focus primarily on foreclosure auction bid-rigging schemes in the Northern District of Georgia, but have also continued in Alabama. Since July 2015, three additional individuals have pleaded guilty or agreed to plead guilty for their roles in these bid-rigging schemes, and two more individuals have been formally charged.
In October 2015, Georgia real estate investors Morris Podber and Trent Gaines pleaded guilty to conspiring to rig foreclosure auctions and to commit mail fraud in Fulton and DeKalb counties.[57] According to the plea agreements, after foreclosure auctions, the investors and their co-conspirators would divvy up the targeted properties in private side auctions, open only to the conspirators.
In July 2015, both Chicken of the Sea and Bumble Bee announced that they had received subpoenas from the Department of Justice related to an antitrust investigation into price fixing in the packaged seafood industry as a whole.[69] In response, TUF announced that it was postponing an offering to finance the merger with Bumble Bee.[70]
In the second half of 2015, Assistant Attorney General Bill Baer offered remarks in both domestic and international settings that focused on, among other topics, collusive cartel policing, and international cooperation and collaboration. These speeches signaled the Division would stay its course in vigilant cartel enforcement.
The second half of 2015 saw further success for the Antitrust Division and the FTC in solidifying working arrangements with foreign enforcement agencies across the globe. Ranging from joint investigations with European agencies to partnership agreements with Asian enforcers, the Division continues to aggressively pursue its goal of attaining international convergence and inter-jurisdictional cooperation.
On the judicial front, a Canadian court issued a decision that could have implications for companies that plead guilty to a regulatory offense and subsequently find themselves barred from entering into public contracts. In 9060-1766 Québec inc. c Agence de revenu du Québec, 2015 QCCS 3339, a company charged with providing inaccurate information to tax officials decided not to fight the charges, instead pleading guilty and paying a $500 fine.[103] The company later learned that as a result of its guilty plea, it was barred from entering into contracts with the Québec government. The company applied to the Superior Court of Québec for authorization to withdraw its guilty plea, and the court granted the request. According to the court, there was no evidence that the company, which had not sought legal advice with respect to its guilty plea, knew or could have known the consequences of its plea. The court further suggested that prosecutors should consider spelling out the collateral consequences of a guilty plea in the statement of offence for regulatory offenses, to ensure that the accused makes an informed decision.