i-law

LLR: Financial Crime

AMES v R (SERIOUS FRAUD OFFICE)

[2024] Lloyd's Rep. FC 1
Fraud – Fraud by abuse of position – Ingredients of offence – Intention – Jury directions – Brown direction – Whether if more than one intent alleged jury must be directed of need to be unanimous on which type of intention proved in order to convict – Fraud Act 2006, section 4(1)(c).

R v WISEMAN

[2024] Lloyd's Rep. FC 12
Fraud – Direction to jury – Correcting a false impression – Procedural fairness in making of costs order.

R (EXOLUM PIPELINE SYSTEM LTD) v CROWN COURT AT GREAT GRIMSBY, HEALTH AND SAFETY EXECUTIVE, INTERESTED PARTY

[2024] Lloyd's Rep. FC 22
Judicial review – Senior Courts Act 1981, section 29(3) – High Court's jurisdiction over Crown Court decisions – Wasted costs order made following abandoned trial – Whether costs order was a matter “relating to trial on indictment”.

R v MAHMUD

[2024] Lloyd's Rep. FC 41
Dishonesty – Claim of right – Legal directions – Belief as to legal entitlement.

KHAN v THE SECRETARY OF STATE FOR FOREIGN, COMMONWEALTH AND DEVELOPMENT AFFAIRS

[2024] Lloyd's Rep. FC 49
Court review under Sanctions and Anti-Money Laundering Act 2018, section 38 – Grounds of designation – Whether the designation was ultra vires – Whether the designation is a disproportionate interference with article 8 and A1P1, ECHR – Padfield principles and the test for proportionality – Compatibility of the 2019 Regulations (SI 2019 No 855) with the ECHR.

R v ENTAIN PLC

[2024] Lloyd's Rep. FC 70
Financial crime – Deferred Prosecution Agreements – Failure to prevent bribery – Financial penalties – Corporate governance – Bill of Indictment – Bribery Act 2010 – Crime and Courts Act 2013 – Market Abuse Regulation (EU) No 596/2014.

UNITED STATES OF AMERICA v THOMAS ROBERTSON

[2024] Lloyd's Rep. FC 75
United States of America – Obstruction of official proceedings – Sufficiency of evidence – Statutory interpretation – Meaning of corruption.

R v HAYES AND ANOTHER

[2024] Lloyd's Rep. FC 105
Conspiracy to defraud – Libor and Euribor manipulation – CCRC reference – Binding precedent – Relevance of US appellate judgment.

NATIONAL CRIME AGENCY v GREW AND ANOTHER

[2024] Lloyd's Rep. FC 146
Unexplained wealth orders – High Court of Justice of Northern Ireland granted NCA leave to serve documents outside jurisdiction – Whether NCA has power to operate in Northern Ireland and therefore capacity to bring proceedings – Crime and Courts Act 2013, sections 58 and 59, Schedules 24 and 25 – Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (SI 2015 No 798).

DALSTON PROJECTS LTD AND OTHERS v SECRETARY OF STATE FOR TRANSPORT: SHVIDLER v SECRETARY OF STATE FOR FOREIGN, COMMONWEALTH AND DEVELOPMENT AFFAIRS

[2024] Lloyd's Rep. FC 151
Sanctions – Designated persons – Detention Order – Minister's powers and duties – Proportionality – Protection of property – Peaceful enjoyment of possessions – Court powers – Human Rights Act 1998 – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855).

R v HUGHES AND ANOTHER

[2024] Lloyd's Rep. FC 189
Proceeds of crime – Confiscation – Realisable assets – Extent of interest in property built on land owned by another – Route of appeal against determination – Proceeds of Crime Act 2002.

R v LUXTON

[2024] Lloyd's Rep FC 201
Confiscation – Power to vary or rescind sentence – Prosecutor's right to appeal confiscation order.

R (COMPETITION AND MARKETS AUTHORITY) v COMPETITION APPEAL TRIBUNAL, SIKA LTD, MASTER BUILDERS SOLUTIONS UK LTD, MR X, INTERESTED PARTIES

[2024] Lloyd's Rep FC 214
Judicial review – Search warrants – Domestic premises – Business premises – Propensity to destroy evidence – Competition Act 1998, section 28 and 28A.

PRADIP DAYA (AKA PRADIP CHAVDA) v CROWN PROSECUTION SERVICE

[2024] Lloyd's Rep FC 229
Confiscation orders – Certificate of Inadequacy – Unidentified assets.

CELESTIAL AVIATION SERVICES LTD v UNICREDIT BANK GMBH, LONDON BRANCH (FORMERLY UNICREDIT BANK AG, LONDON BRANCH) AND BETWEEN : (1) CONSTITUTION AIRCRAFT LEASING (IRELAND) 3 LTD (2) CONSTITUTION AIRCRAFT LEASING (IRELAND) 5 LTD v UNICREDIT BANK GMBH, LONDON BRANCH (FORMERLY UNICREDIT BANK AG, LONDON BRANCH)

[2024] Lloyd's Rep FC 243
Sanctions – Banking – Statutory interpretation – Letters of Credit – Aircraft leasing – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) – Russia Sanctions (EU Exit) (Amendment (No 3) Regulations 2022 (SI 2022 No 195).

DIRECTOR OF PUBLIC PROSECUTIONS v ESTATE OF MILDRED EDWARDS (DECEASED) AND ANOTHER

[2024] Lloyd's Rep FC 264
Property freezing order – Availability of assets – Exclusion order – Civil recovery proceedings – Proceeds of Crime Act 2002.

VNESHPROMBANK LLC v GEORGY IVANOVICH BEDZHAMOV AND BETWEEN: LYUBOV KIREEVA (AS BANKRUPTCY TRUSTEE OF GEORGY BEDZHAMOV) v GEORGY BEDZHAMOV

[2024] Lloyd's Rep FC 272
Application for declaration – Legal test for establishing a “reasonable cause to suspect” that an entity is owned or controlled by Designated Persons within meaning of regulations 5 and 6 of the Russian (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) designation – Whether the existence of a “reasonable cause to suspect” is enough to establish an offence under the 2019 Regulations.

R (WORLD UYGHUR CONGRESS) v NATIONAL CRIME AGENCY (SPOTLIGHT ON CORRUPTION, INTERVENOR)

[2024] Lloyd's Rep FC 295
Civil recovery – Proceeds of Crime Act 2002, Part 5 – Recoverable property – Investigation – No need to identify specific recoverable property before investigating – Foreign Prison-Made Goods Act 1897, section 1 – Proceeds of Crime Act 2002, sections 241, 241A, 242, 278, 304, 305, 306, 308, 327, 328, 329, 340 and 341. – Money laundering – Proceeds of Crime Act 2002, Part 7 – Criminal property – Investigation – Section 329(2)(c) exemption from criminal liability – Adequate consideration – Giving adequate consideration for property does not mean that the property was no longer criminal property – Foreign Prison-Made Goods Act 1897 – Proceeds of Crime Act 2002, sections 241, 241A, 242, 278, 304, 305, 306, 308, 327, 328, 329, 330, 331 and 340.

R (ABBASI) v CROWN COURT AT SOUTHWARK (SIDDIQUI AND SIDDIQUI, INTERESTED PARTIES)

[2024] Lloyd's Rep FC 306
Proceeds of crime – Private prosecutions – Witness summons – Jurisdiction.

ESTATE OF FAHAD MAZIAD RAJAAN AL RAJAAN (DECEASED) AND MUNA AL RAJAAN AL WAZZAN v DIRECTOR OF PUBLIC PROSECUTIONS

[2024] Lloyd's Rep FC 317
Restraint – Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005 No 3181) – United Nations Convention Against Corruption 2003.

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