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Fraud Newsletter 41 - March 2020

Fraud Newsletter No. 41 March 2020 (21 downloads)

CASES

Applications for Interim Freezing Orders (IFOs) and UWOs: presumptive starting point – such hearings should be heard in private: issues considered:  NCA v Hussain[2020] EWHC 432 (Admin).

Ambit of s357(2) POCA (disclosure orders) and meaning of “in relation to” an ML investigation: Re NCA[2020] EWHC 268 (Admin).

Corporate Criminal Liability: identified individuals were not directing minds of the Bank: SFO v Barclays plc and ors [2018] EWHC 3055 (QB).

Construction of s2 Fraud Act2006 and Directors Representations as to the accuracy of corporate statements might render them criminally liable where those statements are false:Varley [2019] EWCA Crim 1074.

Extradition to US for Mortgage Fraud refused: material omission – failure to consider culpable delay had led to requested person’s reasonable expectation that that there would be no extradition request: Eason v USA[2020] EWHC 604 (Admin).

LPP Fraud Exception: examines the principles, authorities and standard of proof:   Addlesee v Dentons Europe LLP [2020] EWHC 238 (Ch).

SENTENCING AND CONFISCATION

Conspiracy to make or supply articles for use in fraud: 9 years after trial for making& supplying thousands of false documents, identity cards etc.Kalinins[2019] EWCA Crim 1973, [2020] 1 Cr.App.R. (S) 28 (Westlaw).

 Conspiracy to steal:fake robbery of betting shop. Sentences reduced and suspended on appeal in light of strong personal mitigation: Hussain[2019] EWCA Crim 1542, [2020] 1 Cr.App.R (2) 32 (Westlaw).

BILLS, STATUTES & STATUTORY INSTRUMENTS

Sentencing (Pre-consolidating Amendments) Bill2020to facilitate enactment of Law Commissions proposed Sentencing Code (as to which: (i) Law Comm. Report Vol 1; (ii)  Summary of Report; (iii)  Executive Summary.

Sentencing Bill 2020

 Investigatory Powers (Temporary Judicial Commissioners and Modifications of Time Limits) Regulations 2020 S.I. No. 236: bringing into force Coronavirus Act 2020powers: time limits for urgent warrants under Investigatory Powers Act 2016 increased (approval – 9 days, validity – 12 days).

CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

AML Consultation: Cryptoasset exchange providers and custodian wallet providers: proposed text for AML and CFT guidance for financial sector: 17 Mar 20

AML Supervision by the Legal and Accountancy Professional Body Supervisors: Progress and themes from 2019: FCA/OPBAS: 19 Mar 20

Fraud and Economic Crime – an evolving Challenge: 2020: UK Findings: PWC’s Economic and Crime Survey:  Feb 20. 24% corporate frauds committed internally with 17% internal collusion with outsiders. 78% internal fraud committed by senior or middle management. Cybercrime is most disruptive.

Fraud control in emergency management: COVID-19 UK Government guidance:Cabinet Office 26 Mar20.

 Insights from Cyber Coordination Groups:examining cyber risks including emerging and future trends and responses to them: FCA 11 Mar 20.

NEWS

Addressing impunity for grand corruption: what are the options?: ideas for reforms including extending the ICC’s jurisdiction: regional anticorruption courts; new international enforcement agenciesetc: Transparency International: 2 Mar 20.


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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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