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Fraud Newsletter 36 - October 2019

Click to download as a PDF: Fraud Newsletter No. 36 October 2019

CASES

Legal advice privilege subsists even if no-one (e.g. dissolved company) exists to assert it: Addlesee v Dentons Europe LLP [2019] EWCA Civ. 1600.

Local authority trading standards entitled to seek s345 POCA production orders when investigating energy brokers suspected of, but not charged with mis-selling: Qualter and Ors v Preston Cr Crt [2019] EWHC 2563.

SENTENCING AND CONFISCATION

Discharge of Restraint Order under s42(7) POCA (proceedings not started within reasonable time) depends on all circumstances, including need for preparation of disclosure schedules: S [2019] EWCA Crim 1728. Obiter: progress reports should be specific as to current state of play and not contain vague and bland generalisations: §80

Parent’s turnover should not generally be used to increase a subsidiary’s turnover for sentencing purposes absent special (undefined) factors: Bupa Care Homes (BNH) Ltd [2019] EWCA 1691 citing Tata Steel UK Ltd [2017] EWCA Crim 704, [2017] 2 Cr App R (S) 29) and NPS London Ltd [2019] EWCA Crim 228 (unreported).

BILLS, STATUTES & STATUTORY INSTRUMENTS

Crime (Overseas Production Orders) Act 2019 (Commencement No.1) Regulations 2019, SI 2019 No. 1318 and Explanatory Note brings into force ss1(5) and 1(6) Crime (Overseas Production Orders) Act 2019 on 9 Oct 19.

Criminal Practice Directions 2015 Amendment No. 9 issued 10 Oct 19, effective from 14 Oct 19 dealing with Ds’ right to give evidence warning; variation of sentence; skeleton arguments; CA bundles etc. Summary of Amendment No 9 and Consolidated CPD 2015.

Magistrates’ Courts (POCA (External Requests and Orders) Order 2005, Part 5B) Rules 2019, SI 2019 No. 1369 laid 23 Oct 19; come into force 12 Nov 19 re forfeiture of bank and building society account monies: see SI Explanatory Note.

Magistrates’ Courts (POCA (External Requests and Orders) Order 2005, Part 5A, and Miscellaneous Amendments) Rules 2019, SI 2019 No 1368 laid on 22 Oct 19, in force 12 Nov 19: setting out rules re forfeiture of bank and building society account monies; see SI Explanatory Note for further details

CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

Anti-Money Laundering: Report 2018: MOEYVAL (Council of Europe) Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism: published 25 Sep 19.

Application of SAR and STOR regimes to firms: Letter from Julia Hogget, FAC Marketing Oversight to UK Finance, 6 Sep 19.

Best Practices on Beneficial Ownership for Legal Persons: FATF Report: 24 Oct 19.

CPS Guidance for Experts on Disclosure, Unused Material and Case Management: updated 30 Sep 19.

Case progression in the SFO: Review of case progression systems and processes between case acceptance and charge: HMCPSI 8 Oct 19: generally positive report:  Summary.

Cyber: Keep the light on – An inspection of the police response to cyber-dependent crime: HMICFRS report 24 Oct 19: Press Report Summary 24 Oct 19: recommends establishing a national police response, not the current 43 force model.

Consultation Paper: MAR review report: ESMA (European Securities & Markets Authority) 3 Oct 19 on the provisions of MAR (the Market Abuse Regulations):  ESMA Press Release summary: 3 Oct 19.

The Global Framework for Fighting Financial Crime: IFF & Deloitte 16 Oct 2019. Press Release Summary.

Advisory Notice: Money Laundering and Terrorist Financing controls in higher risk jurisdictions: HM Treasury update 21 Oct 19: now includes North Korea.

Joint Opinion of the European Supervisory Authorities on the risks of money laundering and terrorist financing affecting the EU’s financial sector:  EBA (European Banking Authority) 4 Oct 19.

Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings: FRA (European Agency for Fundamental Rights): Sep 19.

Serious and Organised Crime Policy Framework: MoJ / HMPPS 3 Oct 19. Summary.

UK-US Agreement on Access to Electronic Data for the purpose of countering Serious Crime: USA No. 6 (2019) CP 178 signed 3 Oct 19; Explanatory Memorandum: 7 Oct 19  Home Office Press Release and Summary: 4 Oct 19.

Who’s behind the wheel? Fixing the Standards on Company Ownership: Transparency International: 17 Oct 19

NEWS

City of London Police (COLP) to be National Lead Force (NLF) for Fraud: Home Office, 26 Sep 19.

FCA: Turning technology against financial crime: speech by Megan Butler, Executive Director of Supervision – Investments, Wholesale & Specialists: Royal United Services Institute: 23 Oct 19.

US recover $700m in corruption investigation re Malaysia Development Board, part of $4.5B allegedly embezzled: Transparency International: 1 Nov 29

SFO: Investigation into LIBOR closed: 18 Oct 19; Nicholas Levene (City trader convicted in 2012) £118k assets confiscated (original 2013 confiscation order for £1 because of bankruptcy proceedings.


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Tony Shaw QC

Tony Shaw QC These monthly Fraud Newsletters are a very succinct summary of fraud cases and matters which have occurred in the preceding four weeks. Their aim is let you check that you have missed nothing of importance. If you need more detail it can be obtained by using the hyperlinks. The newsletters are as opinion free as possible!

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