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Fraud Newsletter 33 - July 2019

CASES

Conspiracy to Defraud: monies transferred into a bank account by victims of a conspiracy to defraud was not criminal property at the time of deposit and therefore had not been “acquired” under POCA s329(1)(a): Haque: [2019] EWCA 102, applying GH [2015] UKSC 24; 2 Cr.App.R. 12.

Conspiracy to corrupt – trial of company in absence of directing mind: there can be a fair trial of a corporate defendant even though its guilt depends on the guilt of a directing mind and will (DMW) who is neither indicted as a co-conspirator nor otherwise available to give evidence at the trial: Alstom Network UK Ltd  [2019] EWCA Crim 1318.

Misconduct in Public Office: does not apply to an MP making misleading statements about Brexit: Boris Johnson v Westminster Magistrates Court [2019] EWHC 1709 (Admin)

SENTENCING AND CONFISCATION

Darroch v A-G (Isle of Man) [2019] UKPC 31 stating that Constantine [2010] EWCA 2406 (court has a common law power to adjourn sentencing (in whole or part) for more than statutory time period) was wrongly decided.

Haque (see Conspiracy to Defraud above)Serco Geografix Ltd: (5th DPA judgment): DPA for £19.2m approved (£70m compensation already paid to MoJ) re 3 fraud and 2 false accounting offences: DPA and Undertaking: 2 July 19 SFO Press release 4 Jul 2019.  [FRC imposed sanctions against Deloitte re Serco audit – fine £6.5m (discounted for settlement to £4.225m): FRC Press Release 4 Jul 19].

Judges sentencing comments should not contain extensive citation of authority, detailed discussion of the relevant guidelines, expansive recitation of the various arguments advanced, or a comprehensive explanation of the resolution of factual and legal issues: Chin-Charles [2019] EWCA Crim 1140.

Ali  [2019] EWCA Crim 1263 (letting agents for linked companies failing to protect or refund deposits, taking rent and failing to pay landlords etc. –  28 months upheld.

BILLS, STATUTES & STATUTORY INSTRUMENTS

Criminal Procedure (Amendment No. 2) Rules 2019 S.I. 2019 No. 1119 in force 7 Oct 19.  Note amendments to Rules 3.24 (immediately before arraignment, court must be satisfied D understands the indictment and each allegation) and 25.2 (before trial prosecution must confirm that indictment sets out matters for trial, statement of offence, particulars of conduct and the court must invite any objections to terms or validity of indictment.  Guide to the New Rules: CPRC secretariat, 29 Jul 19.

CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

Anti-money laundering and counter-terrorist financing: supervision report 2017 to 2018: HM Treasury 8 Jul 19. Statutory supervisors perform better than professional body supervisors; systemic failures among some large UK multinationals etc.

Charity Commission class statutory enquiry into 8 linked fraudulent charities following Southwark conviction (7.5 years) for laundering £10m proceeds of international sales of  counterfeit erectile dysfunction and slimming pills through UK charity: 9 Jul 19: Charity Commission: Guardian 5 Jul 19

Code for Private Prosecutors: Private Prosecutors Association (PPA)

Common Challenges in combatting cybercrime: Eurojust/Europol June 2019

Report on Phase 2 of the CCRC Disclosure ReviewCCRC 22 Jul 19: Press Release Summary

Draft Registration of Overseas Entities Bill: Government Response to Joint Committee Report 2019: BEIS 18 Jul 19

Economic Crime Plan 2019-2022Treasury/Home Office: 12 Jul 19.  Summary.

Hidden in plain sight: domestic corruption, fraud and the integrity deficit: Fraud Advisory Panel: 2 Jul 19.

NCA Annual Report 2018/2019: NCA 22 Jul 19 and Summary Annual Plan 2019/20: NCA 22 Jul 19 and Summary

New PTPH Form (PTPH2) on DCS effective from 22 July. 

NEWS

5½ years for benefit fraud for 68 year old who received £740k war pension for her father (died 2004) and benefits for herself feigning dementia and mobility difficulties: BBC News 30 Jul 19.

Odebrect SA paid more than $780m in bribes to secure contracts and benefits worth $3.34B across Latin America and the Carribean:  ICIJ report: 25 Jun 19

FCA: New rules on sale and marketing of CFDs (contracts for derivatives) and CFD-like options (e.g. spread betting) to retail clients in UK:  Press summary 1 Jul 19.     FCA consultation on restricting sale of crypto-assets to retail clients: Press summary  3 Jul 19;  Further details of Independent Investigation into London Capital and Finance announced: 25 Jul 19.

Report on the assessment of the risk of money laundering and terrorist financing affecting the internal market and relating to cross-border activities: EC Commission Staff Working Document

{COM(2019) 370 final}  24 Jul 19.

SFO: details of 2016 DPA with Sarclad Ltd released (financial orders total £6.5m):following acquittal of all Sarclad defendants at Southwark: SFO Press Release 16 Jul 19. Full judgment of Sir Brian Leveson, statement of facts and DPA;  SFO Annual Report  2018/2019 HC 2400, 22 Jul 19.


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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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