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LLR: Financial Crime Plus RSS feed

R v WHITTLE

Proportionality - Criminal benefit - Pensions - Pension contributions - Deductions - Expenses

[2020] Lloyd's Rep. FC Plus 2

R v BINFIELD

Value Added Tax Act 1994, section 72 - Fraudulent evasion of tax - Appeal - Disclosure - Accuracy of HMRC's digital records

[2020] Lloyd's Rep. FC Plus 3

R v WHATCOTT

Crime - Criminal evidence - Fraud - Appeal against sentence - Dishonesty - Burden of proof - Penalty clauses - Unfair commercial practices

[2020] Lloyd's Rep. FC Plus 7

R v REYNOLDS

Conspiracy to corrupt - Judicial summing-up - Purpose and nature of

[2020] Lloyd's Rep. FC Plus 9

R v CLEMENTS

Appeal against sentence - Trade Marks Act 1994 - Unauthorised use of a trademark - Sentencing guidelines - Private prosecution - Sentencing for dishonesty

[2020] Lloyd's Rep. FC Plus 10

AA v PERSONS UNKNOWN AND OTHERS

Proprietary injunctions - Cryptoassets - Legal property - Choses in possession - Choses in action - Mutual legal assistance

[2020] Lloyd's Rep. FC Plus 11

FUSEON LTD v SENIOR COURTS COSTS OFFICE AND ANOTHER

Costs - Private prosecution - Prosecution costs from central funds - Redetermination - Real injustice - Prosecution of Offences Act 1985, section 17 - Costs in Criminal Cases (General) Regulations 1986 (SI 1986 No 1335)

[2020] Lloyd's Rep. FC Plus 12

NATIONAL CRIME AGENCY v HUSSAIN AND OTHERS

Proceeds of crime - Unexplained wealth order - Interim freezing order - "Reasonable grounds to believe" - "Reasonable grounds for suspecting" - "Facilitated the commission of a serious offence" - Whether an unexplained wealth order was more intrusive that a disclosure order and disclosure notices - Whether it was just, appropriate and proportionate to make an unexplained wealth order - Public hearing - Whether it was necessary to hear the application in private - Proceeds of Crime Act 2002, sections 357, 362A, 362B, 362C, 362D, 362H, 262I 362J, 362K, 362L and 414(3)(b) and (za) (as inserted by the Criminal Finances Act 2017) - Serious Crime Act 2007, Part 1 of Schedule 1 - European Convention on Human Rights, articles 2, 6, 8, 10, A1P1 – CPR r 39.2

[2020] Lloyd's Rep. FC Plus 13

R v SOLANKI AND ANOTHER

Proceeds of Crime Act 2002 - Criminal property - Jury directions - Underlying offences - R v Brown (1984) 79 Cr App R 115

[2020] Lloyd's Rep. FC Plus 14

RE NATIONAL CRIME AGENCY

Proceeds of Crime Act 2002 - Investigations - Disclosure orders - Conditions for making - Section 357(2) - Relationship between disclosure orders and account freezing orders in frozen funds investigations - Jurisdiction - Whether appeal by way of case stated appropriate route to challenge refusal of a disclosure order

[2020] Lloyd's Rep. FC Plus 15

HAJIYEVA v NATIONAL CRIME AGENCY

Unexplained wealth order - Politically exposed person - State-owned enterprise - Influence of foreign conviction in UWO application - Privilege against self-incrimination - Spousal privilege

[2020] Lloyd's Rep. FC Plus 17

VINKS AND RIBICKA v REPUBLIC OF LATVIA

Convention for the Protection of Human Rights and Fundamental Freedoms, article 8 and article 13 – Respect for private life – Effective remedy for violation of the Convention – Legality of search of premises and seizures.

[2020] Lloyd's Rep. FC Plus 18

BALSAMO v SAN MARINO

Confiscation order – Money laundering – Recovery of the proceeds of crime.

[2020] Lloyd's Rep. FC Plus 20

NATIONAL CRIME AGENCY v BAKER AND OTHERS

Unexplained Wealth orders (UWOs) - Interim freezing orders - Proceeds of Crime Act 2002, sections 362A to 362R - Income requirement - Holding requirement - Politically exposed persons (PEPs)

[2020] Lloyd's Rep. FC Plus 21

R v VARLEY AND OTHERS

Conspiracy to commit fraud by false representation - Whether case to answer - Director's liability - Innocent Agency - Evidential sufficiency - Fraud Act 2006, section 2 - Criminal Law Act 1977, section 1.

[2020] Lloyd's Rep. FC Plus 22

R v VARLEY AND OTHERS

Conspiracy to commit fraud by false representation - Whether case to answer - Director's liability - Innocent Agency - Participation - Evidential sufficiency - Fraud Act 2006, section 2 - Criminal Law Act 1977, section 1.

[2020] Lloyd's Rep. FC Plus 23

R v BARCLAYS PLC AND BARCLAYS BANK PLC

Conspiracy to commit fraud by false representation - Giving unlawful financial assistance - Application to dismiss charges - Attribution - Corporate criminal liability - Whether directing mind and will - Fraud Act 2006, section 2 - Companies Act 1985, section 151.

[2020] Lloyd's Rep. FC Plus 24

SERIOUS FRAUD OFFICE v BARCLAYS PLC AND ANOTHER

Conspiracy to commit fraud by false representation - Giving unlawful financial assistance - Voluntary bill of indictment - Attribution - Corporate criminal liability - Whether directing mind and will - Fraud Act 2006, section 2 - Companies Act 1985, section 151.

[2020] Lloyd's Rep. FC Plus 25

DINES AND OTHERS v DIRECTOR OF PUBLIC PROSECUTIONS

Confiscation orders – Registration of foreign confiscation orders – Convictions – Italy – Proceeds of Crime Act 2002, section 444(1) – Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005 No 3181) Part 2.

[2020] Lloyd's Rep. FC Plus 27