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POTTAGE v FINANCIAL SERVICES AUTHORITY (UBS AG, UBS WEALTH MANAGEMENT (UK) LTD, JEREMY PALMER, INTERESTED PARTIES)
[2013] Lloyd's Rep FC Plus 1
Financial Services - Performance of regulated activities - Conduct - Disciplinary powers - Misconduct - Financial penalty - Whether CEO guilty of misconduct - Financial Services and Markets Act 2000, sections 64 and 66
R v RANCE
[2013] Lloyd's Rep FC Plus 2
Proceeds of crime - Conservation area consent - Planning - Demolition - Planning (Listed Buildings in Conservation Areas) Act 1990 - Fines - Means enquiries - Criminal Justice Act 2003, section 164
BEGUM v WEST MIDLANDS POLICE (BIRMINGHAM MAGISTRATES COURT, INTERESTED PARTY)
[2013] Lloyd's Rep FC Plus 3
Proceeds of Crime Act 2002, section 298, Part 5 - Cash forfeiture - Use in unlawful conduct
BACKHOUSE v HM REVENUE AND CUSTOMS PROSECUTION OFFICE
[2013] Lloyd's Rep FC Plus 4
Confiscation - Tainted Gifts - Criminal Justice Act 1988, section 74 - Procedure
PERRY AND OTHERS v SERIOUS ORGANISED CRIME AGENCY PERRY AND OTHERS (NO 2) v SERIOUS ORGANISED CRIME AGENCY
[2013] Lloyd's Rep FC Plus 5
Civil recovery proceedings - Proceeds of crime - Disclosure orders - Property freezing orders - Presumption against extra-territoriality - Property abroad - Strasbourg Convention
R (RAWLINSON & HUNTER TRUSTEES AND OTHERS) v CENTRAL CRIMINAL COURT AND ANOTHER (VINCENT TCHENGUIZ, INTERESTED PARTY) R (ROBERT TCHENGUIZ AND ANOTHER) v DIRECTOR OF THE SERIOUS FRAUD OFFICE AND OTHERS
[2013] Lloyd's Rep FC Plus 6
Banking and finance - Criminal procedure - Fraud - Warrants - Criminal Justice Act 1987, section 2(4) - Effect of non-disclosure and misstatements within an Information in support of warrant - Arrest - O'Hara - Effect of the Serious Fraud Office wrong information to the arresting officers - Searches - Treatment of privileged material
RE SCOTTISH MINISTERS EXPENSES, IN RESPECT OF A RECOVERY ORDER IN TERMS OF SECTION 266 OF THE PROCEEDS OF CRIME ACT 2002, IN RESPECT OF STIRTON AND ANDERSON
[2013] Lloyd's Rep FC Plus 7
Civil recovery – Scotland – Interim administrator – Interim receiver – Expenses – Costs orders – Conduct of defence – Indemnity basis for costs – Abuse of process – Costs order against solicitors – Legal Aid (Scotland) Act 1986, section 18 – Proceeds of Crime Act 2002, Part 5.
R v SANDERS AND OTHERS
[2013] Lloyd's Rep FC Plus 8
Insider dealing – Criminal Justice Act 1993, Part V section 52 – Spread bets – Reference shares having primary listing on non-regulated market – Whether trading on regulated market required – Whether spread betting company a professional intermediary – Preparatory hearing – Point of law.
CHALIGNÉ AND OTHERS v FINANCIAL SERVICES AUTHORITY
[2013] Lloyd's Rep FC Plus 9
Financial services – Market abuse – Market manipulation – Dishonest intention – Jurisdiction of the Upper Tribunal – Prohibition orders – Penalties – Disgorgement – Foreign currency – Financial Services and Markets Act 2000, sections 56, 61, 63, 118(5), 123 and 133.
R v VARMA
[2013] Lloyd's Rep FC Plus 10
Proceeds of Crime Act 2002 - Powers of Criminal Courts Sentencing Act - Confiscation orders - Power to make confiscation order where defendant sentenced by way of absolute or conditional discharge
SCOTTISH MINISTERS v STIRTON AND ANOTHER
[2013] Lloyd's Rep FC Plus 11
Civil recovery – Scotland – Civil Recovery Order – Interim Administration Order – Interim Administrator’s report – Anonymity of Interim Administrator – Public Interest Immunity Certificate – Apparent bias – Extortion – Mortgage Fraud –Proceeds of Crime Act 2002, Part 5.
R (RAWLINSON & HUNTER TRUSTEES AND OTHERS) v CENTRAL CRIMINAL COURT AND ANOTHER (VINCENT TCHENGUIZ, INTERESTED PARTY) R (ROBERT TCHENGUIZ AND ANOTHER) v DIRECTOR OF THE SERIOUS FRAUD OFFICE AND OTHERS
[2013] Lloyd's Rep FC Plus 12
Costs between the parties - Indemnity basis - Search warrants - Duty of disclosure - Serious Fraud Office
CROWN PROSECUTION SERVICE AND ANOTHER v GOHIL AND ANOTHER
[2013] Lloyd's Rep FC Plus 13
Statutory interpretation - Family law - International law - Civil evidence - Criminal evidence - Letters of request - Mutual assistance - Per incuriam
R v WAYA
[2013] Lloyd's Rep FC Plus 14
Confiscation - Benefit from Criminal Conduct - Mortgage fraud - Valuation - Human Rights - Proceeds of Crime Act 2002, sections 10, 7, 75, 76, 79, 80, 84 and Part 2 - Human Rights Act 1998, sections 1, 3, 4, 6, 19 - European Convention on Human Rights - Article 1 First Protocol to the European Convention on Human Rights
R v GILBERT
[2013] Lloyd's Rep FC Plus 15
Fraud Act 2006 - Section 2 - Fraud by false representation - Causation - Jury directions
ZINGA AND ANOTHER v R
[2013] Lloyd's Rep FC Plus 16
Criminal Law - Appeal - Appeal against sentence - Appeal against conviction - Private prosecution - Obtaining a warrant on behalf of a private entity - Full and frank disclosure in an ex parte application - Whether a conviction unsafe - Whether sentence manifestly excessive
R (ON THE APPLICATION OF AHMED) v YORK MAGISTRATES’ COURT AND ANOTHER
[2013] Lloyd's Rep FC Plus 18
Criminal law – Criminal procedure – Evidence – Search orders – Misleading Marketing Regulations 2008, Regulations 23 and 24 – Entry, search and seizure – Jurisdiction to issue a warrant – Procedure of applying for a warrant.
GOVERNMENT OF THE UNITED ARAB EMIRATES v ALLEN
[2013] Lloyd's Rep FC Plus 19
Extradition - Dishonour of cheques - Dual criminality - Fraud by false representation - Implied representations - Loans - Security
PCJ VAN DER PIJL AND ANOTHER v CROWN COURT AT KINGSTON (THE COMMISSIONER OF THE METROPOLITIAN POLICE AND THE SECRETARY OF STATE FOR THE HOME DEPARTMENT, INTERESTED PARTIES)
[2013] Lloyd's Rep FC Plus 20
Criminal procedure - Mutual assistance - Search warrants - Validity of search warrant - Whether the term of section 15(6) Police and Criminal Evidence Act 1984 satisfied - Police and Criminal Evidence Act 1984, sections 9, 15, schedule 1 - Crime Justice and Police Act 2001, sections 50, 59 - Crime International Cooperation Act 2003, sections 13, 16 - Criminal Procedure Rules, rule 39
SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS v POTIWAL
[2013] Lloyd's Rep FC Plus 21
Directors - Fraudulent trading of company - Director's disqualification proceedings - Knowledge of director - Relitigation of issue - Estoppel per rem iudicatum - Abuse of process - Administration of Justice - Company Directors Disqualification Act 1986, section 6.
CROWN PROSECUTION SERVICE v THE EASTENDERS GROUP AND ANOTHER
[2013] Lloyd's Rep FC Plus 22
Restraint order - Appointment of Receiver - Receiver's ability to recover costs where restraint order discharged - Violation of article 1 rights - Proceeds of Crime Act 2002, sections 48 and 49 - Human Rights Act 1998, section 3 - Article 1 Protocol 1 of the European Convention of Human Rights
SINCLAIR (IN HIS CAPACITY AS ENFORCEMENT RECEIVER OF DHILLON) v DHILLON RE THE DRUG TRAFFICKING ACT 1994
[2013] Lloyd's Rep FC Plus 23
Enforcement receivers - Receiver's costs - Third parties - Confiscation orders - Litigant in person
KENNY v R
[2013] Lloyd's Rep FC Plus 24
Criminal law - Perverting the course of justice - Breach of restraint order - Proceeds of Crime Act 2002 - Whether breach of a restraint order under Proceeds of Crime Act 2002 can amount to the offence of perverting the course of justice
DRUCE v R
[2013] Lloyd's Rep FC Plus 25
Confiscation - Benefit from criminal conduct - Available amount - Admissibility of fresh evidence on appeal - Proceeds of Crime Act 2002 - Sections 7, 8, 9, 77, 81 and Part 2
EXECUTIVE JET SUPPORT LTD v SERIOUS ORGANISED CRIME AGENCY
[2013] Lloyd's Rep FC Plus 26
Proceeds of crime - Unlawful conduct - Civil recovery of proceeds of unlawful conduct - Forfeiture - Serious Organised Crime Agency
FINANCIAL SERVICES AUTHORITY v ASSET L I INC (TRADING AS ASSET LAND INVESTMENT INC) AND OTHERS
[2013] Lloyd's Rep FC Plus 27
Financial regulation – Banking and finance – Authorisation – Regulated activities – Collective Investment Schemes – Land banking – Financial Services and Markets Act 2000, sections 1, 2, 19, 21, 22, 23, 26, 31, 173, 174, 235, 380 and 382 – Unfair terms in Consumer Contracts Regulations 1999, reg 5, 6, 7, 8(1) and schedule 2 – Unfair Contract Terms Act 1977 – Misrepresentation Act 1967, section 3 – Civil Evidence Act 1995, section 2 – Civil Procedure Rules CPR 32 PD 27.
BANK MELLAT v COUNCIL OF THE EUROPEAN UNION (EUROPEAN COMMISSION, INTERVENER)
[2013] Lloyd's Rep FC Plus 28
International economic sanctions – EU restrictive measures against Iran – Nuclear proliferation – Common foreign and security policy – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Manifest error of assessment.
SERIOUS ORGANISED CRIME AGENCY v AZAM AND ANOTHER
[2013] Lloyd's Rep FC Plus 29
Proceeds of crime – Civil recovery proceedings – Jurisdiction – Change of law – Approach of court following change in law – Admissibility of evidence – Proceeds of Crime Act 2002, sections 241, 242, 243(3), 245a, 341, 357, 358 and 360.
LISCOTT v CROWN PROSECUTION SERVICE LAURENCE LAWRENCE (INTERESTED PARTY)
[2013] Lloyd's Rep FC Plus 30
Confiscation - Realisable property - Interested persons - Beneficial interest - Sham transactions - Drug Trafficking Act 1994 - Sections 2, 5, 6, 39, 41 and Part I
R (REDCAR CLEVELAND BOROUGH COUNCIL) v DADY AND OTHERS
[2013] Lloyd's Rep FC Plus 31
Fraud - Common law conspiracy - Procedure - Voluntary indictment - Copyright, Designs and Patents Act 1988
R (ANAND) v HER MAJESTY'S REVENUE AND CUSTOMS
[2013] Lloyd's Rep FC Plus 32
Search warrants - Judicial review - Police and Criminal Evidence Act 1984, section 15 - Warrant drafted broadly and by reference to unspecified offence - Whether unlawful - Whether material non-disclosure - Claim not brought promptly - Derivative material served in evidence - Appropriate forum for challenge
7722656 CANADA INC (FORMERLY CARRYING ON BUSINESS AS SWIFT TRADE INC) AND PETER BECK (THIRD PARTY) v FINANCIAL SERVICES AUTHORITY
[2013] Lloyd's Rep FC Plus 33
Market abuse - Financial Services and Markets Act (FSMA) 2000 - Qualifying investment - Meaning of market abuse - Jurisdiction - Penalty
FINANCIAL SERVICES AUTHORITY v SINALOA GOLD PLC AND OTHERS AND BARCLAYS BANK PLC
[2013] Lloyd's Rep FC Plus 34
Injunction - Freezing order - Cross-undertaking in damages - Injunctions obtained by public authorities - FSA injunction obtained against defendants - FSA applying to delete standard cross-undertaking included in injunction in error - Whether court should require cross-undertaking in favour of third parties where FSA exercising law enforcement functions
SECRETARY OF STATE FOR BUSINESS INNOVATION AND SKILLS v CHOHAN AND OTHERS
[2013] Lloyd's Rep FC Plus 35
Company law - Banking and finance - Directors - Directors disqualification proceedings - De facto directors - Shadow directors - Financial services - Collective Investment Schemes - Directors Disqualification Act 1986, sections 6, 7(2)(a) and 22(5) - Financial Services And Markets Act 2000, section 235
ISMAIL v SECRETARY OF STATE FOR THE HOME DEPARTMENT
[2013] Lloyd's Rep FC Plus 36
Foreign judgment - Discretion of Secretary of State to serve foreign judgment on person in UK - Human rights - Judicial review - Article 6
R (HOQUE) v CITY OF LONDON MAGISTRATES’ COURT AND ANOTHER
[2013] Lloyd's Rep FC Plus 37
Criminal procedure – Search warrants – Validity of search warrant – Whether the terms of section 15(6) Police and Criminal Evidence Act 1984 satisfied – Police and Criminal Evidence Act 1984, sections 8, 15, 19 and 78 – Criminal Justice and Police Act 2001, sections 50, 59 and 63.
GLATT AND OTHERS v SINCLAIR
[2013] Lloyd's Rep FC Plus 38
Appointment of receiver – Payment of remuneration and expenses after order discharged – Taking of point on appeal not raised at trial – Criminal Justice Act 1988, section 77(8) – Criminal Procedure Rules, Part 69.
R v JAFFERY
[2013] Lloyd's Rep FC Plus 39
Money laundering – Confiscation – “Available amount” – Proceeds of Crime Act 2002, section 7.
JYSKE BANK GIBRALTAR LTD v ADMINISTRACION DEL ESTADO
[2013] Lloyd's Rep FC Plus 40
European Union - Directive 2005/60/EC on money laundering - Article 22 - Obligation to furnish all necessary information - Whether obligation compromises EU law on freedom to provide services - Jyske Bank operating in Spain from a branch in Gibraltar - Spanish authorities suspecting Jyske of being used for money laundering purposes - FIU requesting information concerning the identify of Jyske's customers - Information required for the purpose of combating money laundering and terrorist financing Jyske refusing to provide the information
SHEA v WINCHESTER CROWN COURT AND CROWN PROSECUTION SERVICE (INTERESTED PARTY)
[2013] Lloyd's Rep FC Plus 41
Bail Act 1976 - Bail - Conditional bail - Surety - Risk of re-offending - Bind-over
R v HURSTHOUSE
[2013] Lloyd's Rep FC Plus 42
Confiscation order – Proceeds of Crime Act 2002 – Benefit – Property – Obtains – Wills – Proportionality –First Protocol to the European Convention, article 1 – Property restored to victim.
EUROPEAN COMMISION COUNCIL OF THE EUROPEAN UNION AND UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND v KADI
[2013] Lloyd's Rep FC Plus 43
Appeal – Common foreign and security policy (CFSP) – EU restrictive measures against certain persons and entities associated with Usama bin Laden and Al-Qaeda – Regulation (EC) No 881/2002 – Freezing of funds and economic resources of persons identified on “Consolidated List” drawn up by United Nations Security Council Sanctions Committee – Inclusion on Annex 1 to Regulation (EC) No 881/2002 – Action for annulment – Fundamental rights – Right to be heard, right to effective judicial review and right to respect for property – Extent and intensity of judicial review – Cooperation of the European Union with the United Nations – External and internal lawfulness of EU measure giving effect to a decision of the UN Security Council Sanctions Committee.
SERIOUS ORGANISED CRIME AGENCY v O’DOCHERTY (ALSO KNOWN AS MARK ERIC GIBBONS) AND ANOTHER
[2013] Lloyd's Rep FC Plus 44
Civil recovery – Property freezing order – Variation of property freezing order – Effect on previously granted civil recovery order – Whether PFO should have been varied after CRO made – Application for re-opening of appeal – Proceeds of Crime Act 2002, sections 245A, 245B, 316(4) – CPR 52.17.
R v JAWAD
[2013] Lloyd's Rep FC Plus 45
Relationship between confiscation orders and compensation orders – Proceeds of Crime Act 2002, section 6 and section 13 – Disproportionality.
SERIOUS ORGANISED CRIME AGENCY v AZAM AND OTHERS SAUNDERS LAW LTD (INTERESTED PARTY)
[2013] Lloyd's Rep FC Plus 46
Civil recovery - Property freezing order - Variation of property freezing order to allow payment of past and future legal expenses - Reasonableness of sums sought to have excluded - Whether court could be satisfied that the respondent had other property from which he could meet legal expenses - Proceeds of Crime Act 2002, sections 233(1), 245A and 245C - Civil Recovery Proceedings Practice Direction, para 5B.1.
R v KALLAKIS AND ANOTHER R v LEVENE
[2013] Lloyd's Rep FC Plus 47
Sentencing for conspiracy to defraud - Sentencing guidelines - Power to impose consecutive sentences - Lack of loss as mitigation - Criminal Justice Act 2003, section 142
EASTENDERS CASH AND CARRY PLC AND OTHERS v BRANDON BARNES
[2013] Lloyd's Rep FC Plus 48
Realisable property – Management Receiver – Remuneration and expenses – Proceeds of Crime Act 2002, Part 2, sections 49 and 61 – European Convention on Human Rights, article 1 Protocol 1.
R v HARVEY
[2013] Lloyd's Rep FC Plus 49
Post-conviction confiscation orders - Legitimate income - Proceeds of Crime 2002 - Criminal lifestyle - Assessment of benefit - Tax - VAT - Companies Act 2006
HOBBS v FINANCIAL SERVICES AUTHORITY
[2013] Lloyd's Rep FC Plus 50
Financial regulation - Banking and finance - Financial services - Market abuse - Market manipulation - LIFFE trading - Accepted market practice - Intentino of Trader Prohibition Order - Financial Services And Markets Act 2000, sections 56, 118, 118(5), 118(5)(A), 118(5)(B) and 123
R v IBORI
[2013] Lloyd's Rep FC Plus 51
Sentence – Money laundering – Conspiracy to defraud – Goodyear indications.
TCHENGUIZ AND OTHERS v DIRECTOR OF THE SERIOUS FRAUD OFFICE
[2013] Lloyd's Rep FC Plus 52
Judicial review - Search warrants - Warrants quashed - Admission of liability - Damages claim for trespass to land - Defences - Withdrawal of admission - Cause of action estoppel - Issue estoppel
SERIOUS ORGANISED CRIME AGENCY v AZAM
[2013] Lloyd's Rep FC Plus 53
Civil recovery - Property freezing order - Variation of property freezing order to allow payment of legal expenses - Whether court could be satisfied that the respondent had other property from which he could meet legal expenses - Burden of proof - Inference that the respondent had substantial undisclosed resources - Proceeds of Crime Act 2002, sections 233(1), 245A and 245C - Civil Recovery Proceedings Practice Direction, para 5B.1
FINANCIAL CONDUCT AUTHORITY (FORMERLEY THE FINANCIAL SERVICES AUTHORITY) v HOBBS
[2013] Lloyd's Rep FC Plus 54
Financial regulation - Civil procedure - Administration of justice - Banking and finance - Financial Services - Market abuse - Market manipulation - LIFFE trading - Accepted market practice - Intention of trader - Fit and proper person - Prohibition order - Notice of discontinuance - Reasons - Financial Services and Markets Act 2000, sections 56, 57, 118(5), 118(5)(A), 118(5)(B), 123 and 389 - Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001
R (PEARCE) v COMMISSIONER OF POLICE OF THE METROPOLIS
[2013] Lloyd's Rep FC Plus 55
Search warrants – Execution – Dominant purpose – Misuse of police powers – Police and Criminal Evidence Act 1984, section 16.
R v SALE
[2013] Lloyd's Rep FC Plus 56
Confiscation orders - Piercing the corporate veil - Proceeds of Crime Act 2002, section 76 - Proportionality
PATEL v MIRZA
[2013] Lloyd's Rep FC Plus 57
Agency - Spread-betting - Insider dealing - Illegality - Criminal Justice Act 1993, section 59
R v TAYLOR AND ANOTHER
[2013] Lloyd's Rep FC Plus 58
Liability to pay excise duty – Proceeds of crime – Appellants convicted of failing to pay excise duty – Whether appellants liable to pay excise duty – Confiscation order – Benefit from criminal conduct – Whether confiscation order was disproportionate – Finance Act 1992, section 1 – Proceeds of Crime Act 2002, sections 70 and 76 – Joint and several liability.
BANK MELLAT v HER MAJESTY'S TREASURY (NO 1)
[2013] Lloyd's Rep FC Plus 59
Financial Restrictions Order - Counter-Terrorism Act 2008, Part 5 and Schedule 7 - The Financial Restrictions (Iran) Order SI 2009/2725 - Proliferation financing - Constitutional Reform Act 2005, section 40 - Supreme Court Rules, rules 27 and 29 - Closed material procedures - Open justice - Parliamentary intent
JETIVIA SA AND ANOTHER v BILTA (UK) LTD (IN LIQUIDATION) AND OTHERS
[2013] Lloyd's Rep FC Plus 60
Company - Insolvency - Claim against directors - VAT fraud - Conspiracy - Dishonest assistance - Fraud of directors against company - Ex turpi causa - Fraudulent trading - Jurisdiction - Summary judgment - Striking out - Insolvency Act 1986, sections 213 and 238 - Companies Act 2006, sections 172 and 239
R v MORGAN
[2013] Lloyd's Rep FC Plus 61
Confiscation orders - Unlawful disposal of waste - Calculation of "benefit" - Whether confiscation order disproportionate
R (BREDENKAMP) v SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS
[2013] Lloyd's Rep FC Plus 62
International economic sanctions - Regulation EC 314/2004 - Financial restrictions against the Mugabe regime in Zimbabwe - Judicial review - Disclosure and requests for further information
R v CHAPMAN
[2013] Lloyd's Rep FC Plus 64
Proceeds of crime - Confiscation - Assessment - Benefit from criminal conduct - Procedure - Change in law - Appeal on basis of change of law - Extensions of time - Finality - Mortgage fraud - Permission to appeal
R v LEE AND ANOTHER
[2013] Lloyd's Rep FC Plus 491
Post-conviction confiscation orders - Money laundering - Legitimate income - Proceeds of crime - Assessment of benefit - Mortgage - Criminal lifestyle
BANK MELLAT v HER MAJESTY'S TREASURY (NO 2)
[2013] Lloyd's Rep FC Plus 591
Financial Restrictions Order - Counter-Terrorism Act 2008, Part 5 and Schedule 7 - The Financial Restrictions (Iran) Order SI 2009/2725 - Proliferation financing - Procedural fairness - Common law right to prior consultation - Parliamentary intent - Substantive fairness - Executive's margin of judgment or appreciation