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Fraud Newsletter 22 – August 2018

CASES

Disclosure in Cartel cases: challenge to s28 search warrant: (i) R (Haralambous) v Crown Court at St Albans[2018] UKSC 1, [2018] AC 236, [2018] 1 Cr App R 26 applied (judge can view and take into account PII material): (ii) PII material is not disclosable to confidentiality ring of Respondent’s lawyers:CMA v Concordia International RX (UK)[2018] EWCA Civ 1881.

European Arrest Warrant (EAW) remains valid while UK is a member of EU:Minister for Justice and Equality v RO:Advocate General Opinion: 7 Aug 18.Press Release summary

Extradition to US for Insider Trading refused: UK citizen: SFO finding of insufficient evidence for realistic prospect of insider trading conviction in UK not a forum bar but interest of justice required no extradition:Scott v US [2018] EWHC 2021 (Admin). Limits to disclosure of experts methodology: sophisticated encryption methodologies need not be disclosed provided a fair trial is possible: Kelly[2018] EWCA Crim 1893 (Westlaw).

Interlocutory Appeals: s29 CPIA 96generally appropriate only where (i) discrete issue of law needing resolution to prevent trial proceeding on false basis and no factual dispute: Lear (Jonathan)[2018] EWCA Crim 69, [2018] 2 Cr.App.R. 11 CA reiterating the more generous formulation of H [2007] 2 AC 270 HL has been replaced.

Foreign Intercepts and RIPA: UK judge entitled to admit foreign intercepts as evidence:  issue depends on facts and s78 PACE:Knaggs and others[2018] EWCA Crim 1863.

Search Warrants for bribery suspects quashed as insufficiently precise: duty to disclose extends to facts which would have been known if adequate enquires made:R (Brook) v Preston Crown Court and Ors[2018] EWHC 2024 (Admin).

Search warrants: s 59(5) CJPA 2001 application to retain seized material: criteria to be applied:R(HMRC) v Maidstone Crown Court [2018] EWHC 2219 (Admin)

SENTENCING AND CONFISCATION

Confiscation: successfulappeal against decision that prosecution had failed to show exceptional circumstances justifying extension of 2 year limitation period:Halim [2017]EWCA Crim 33,[2017] Lloyd’s Rep. F.C. 186(singled out for mention inCA(Crim Div) Report 2016-2017.)

BILLS, STATUTES & STATUTORY INSTRUMENTS

CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

Covert Human Intelligence Sources Code of PracticeHome Office revised Code of Practice: 15 Aug 18.

Covert Surveillance and Property Interference Code of PracticeHome Office revised Code of Practice: 15 Aug 18.

Expert Witnesses in Criminal trials: Legal Obligations:Forensic Science RegulatorGuidance (Issue 6):  6 Aug 18

FCA Annual Report 2017/8: 19 Jul 18

FCA Anti-Money Laundering Report 2017/8: 19 Jul 18

Law Commission Anti-Money Laundering and Terrorism Financing Review:Corrin& Martin, [2018] 6 Archbold News 4-6 re “suspicion”.

HMRC consultation on fees charged to businesses for AML supervision under 2017 MT etc. Regulations: closes 28 Sep 18.

ICPO (Investigatory Powers Commissioner’s Office) Consultation on the Consolidated Guidance(the Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Relating to Detainees) following the ISC report on Detainee Mistreatment and Rendition: Responses by 29 Oct 18.

Professional Money Laundering:FAFT Report on professional money launders: July 18

SRA survey on Money Laundering (responses by 14 Sep 18): 28 Aug 18

NEWS

Azerbaijani Laundromat:alleged slush fund of $US 2.9b to purchase political influence in Europe, and possibly$US 8.3B laundered via Danske Bank.  £0.33M spent on flights and accommodation for British MPs to visit Azerbaijan 207-2017:Transparency International Report.

Contract signatures by email:electronic signatures are contractually binding in most cases: Law Comm proposals re particular types of documents: 21 Aug 18:Law Comm.

Cryptocurrency fraud losses of £2m this summer: Action Fraud:10 Aug 18

Dixons Carphone warehouse report 2017 potential data breach of 10m customer records (i.e. name, address, telephone numbers, dob, email address): 21 Aug 18.

FCA starts unauthorised financial futures investment trading prosecution:21 Aug 18.

Government Counter Fraud Profession (GCFP) to be launched 9 Oct 18:to provideGCF specialist with a common framework of standards and a Professional Skills Platform (PSP) etc: Cabinet Office Announcement 30 Jul 18.

Royal Mail fined £50m by OFCOM for abuse of dominant position against postal competition:14 Aug 18.Case history. RM announce it willappeal to Competition Appeal Tribunal.

SRA MLR survey launched:how solicitors have responded to the new ML Regulations. Closes 14 Sep 18: 29 Aug 18

New SFO Director Lisa Osofskystarted on 28 August 18 (week early).


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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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