Fraud Newsletter 41 – March 2020

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.