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Fraud Newsletter 43 - May 2020

Fraud Newsletter 43 - May 2020 (20 downloads)

CASES

Refusal of application to set aside Property Freezing Order (245A POCA): complex case – case management issues: NCA v Leahy [2020] EWHC 1242 (QB).

Reasonable expectation of privacy re information (Letter of Request) relating to corruption up to point of charge: ZXC v Bloomberg LP [2020] EWCA Civ 611.

SENTENCING AND CONFISCATION

Probative weight of victim impact statement in fraud: distinguish raw emotion and unintentional statements of harm for which no evidence available: Panta [2020] EWCA Crim 633.

BILLS, STATUTES & STATUTORY INSTRUMENTS

Nothing of moment

CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

Fraud Advisory Panel COVID-19 fraud watch group: FCA updated weekly to highlight emerging fraud threats and trends.

COVID-19-related Money Laundering and Terrorist Financing Risks and Policy Responses: FATF 4 May 20. FATF Summary

Government Statement on cross-border information-sharing with corporate groups: key component of good AML/CTF regimes: HM Treasury/Home Office: 12 May 20.

Guidance on submitting better quality
Suspicious Activity Reports (SARs): NCA May 20

SARs Regime Good Practice: Frequently Asked Questions: NCA May 20

Fraud and error in the benefit system: financial year 2019 to 2020 estimates: Dept Work and Pensions: 29 May 20: Estimated at £4.6bn. Summary and Further statistics

Financial crime systems and controls during coronavirus situation: FCA 6 May 20

HMRC and FCA Collaboration Agreement under s78 Investigatory Powers Act 2016 signed: 1 May 20: FCA

Operation of the UK’s Counter-Terrorist Asset Freezing Regime: 1 Oct – 31 Dec 2019: HM Treasury/ OFSI Quarterly Report 19 May 20.

EU amend list of high-risk countries with deficient AML and counter-terrorist financing systems. Bosnia-Herzegovina, Ethiopia, Guyana, Laos, Sri Lanka and Tunisia removed: Bahamas, Barbados, Botswana, Cambodia, Ghana, Jamaica, Mauritius, Mongolia, Myanmar/Burma, Nicaragua, Panama and Zimbabwe added: EU Delegated Reg C(2020) 2801 final: 7 May 20.: Summary. The EU also published its revised Methodology for identifying high-risk third countries under Directive (EU) 2015/849.

Financial Misconduct, the FCA and the Corona Virus: Cameron Brown and Sam Smart: GBRR 26 May 20

Fighting Corruption Worldwide: Transparency International: May 20

NEWS

Coronavirus (COVID-19): increased risk of fraud and cybercrime against charities: Charity Commission alert: 12 May 20 update. Webinar: What to watch out for and how to stay safe

Our Price Records directors ordered to repay £3.6m to share subscribers for unlawful promotion of OPR shares: FCA News 6 May 20.

US CORE (Coronavirus Oversight and Recovery Ethics) Act: Introduces novel anti-corruption and oversight measures: 13 May 20: Transparency Interntl.

SFO closes investigation into ABB Ltd: 19 May 20

NCA recovers £6.4m from Liberian corporate bank a/c after establishing identities used to set up the account were fake: NCA 19 May 20

Coronavirus: Benefit fraud claims could be £1.5b: 1m claims for Universal Credit in 2 weeks BBC News 21 May 20


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Volaw Trust Summary

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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