i-law.com

GOVERNMENT OF THE UNITED STATES OF AMERICA v WOOD

[2014] Lloyd's Rep FC Plus 1

Extradition Act 2003, Part 2 – Appeals under section 105 – Service of appeal notices – CPR Part 52 – Time limits – Re-issue of extradition request – Abuse of process – Oppression by reason of the passage of time.

SZEPIETOWSKI (NEE SEERY) v THE NATIONAL CRIME AGENCY (FORMERLY THE SERIOUS ORGANISED CRIME AGENCY)

[2014] Lloyd's Rep FC Plus 2

Proceeds of Crime Act 2002 - Confiscation proceedings - Compromise - Equity - Marshalling - Availability of marshalling where no underlying personal debt

FENECH v SERIOUS ORGANISED CRIME AGENCY

[2014] Lloyd's Rep FC Plus 3

Tax - Criminal conduct - Negligence - Tax assessments time limits - Whether SOCA had reasonable grounds to suspect income to have resulted from criminal conduct - Proceeds of Crime Act 2002, sections 317, 323 and 326 - Taxes Management Act 1970, section 36

FLETCHER v CHIEF CONSTABLE OF LEICESTERSHIRE CONSTABULARY

[2014] Lloyd's Rep FC Plus 4

Forfeiture - Confiscation - Proceeds of Crime Act 2002, section 298 - Intended for use in unlawful conduct - Hidden money

R v FIELDS AND OTHERS

[2014] Lloyd's Rep FC Plus 5

Sentence - Confiscation order - Proceeds of Crime - Defendants being convicted of conspiracy to defraud - Judge finding that three of defendants being principal conspirators - Confiscation orders being made against defendants - Value of benefit being assessed as whole amount with regard to each of three principal conspirators - Defendants appealing against confiscation orders - Whether judge erring in value of benefit obtained by each defendant - Whether judge erring in evaluation of available assets - Sum recoverable from each defendant - Proceeds of Crime Act 2002

THE SCOTTISH MINISTERS v STIRTON AND ANOTHER

[2014] Lloyd's Rep FC Plus 6

Civil recovery - Proceeds of crime - Interim Administration Order - Interim Administrator using pseudonym - Public interest immunity certificate - Competency - Recovery order - Procedure - Appearance of bias - Standard of proof - Definition of "extortion" - Human rights - Proportionality of civil recovery order under A1P1 - Proceeds of Crime Act 2002, sections 256 and 266

MADOFF SECURITIES INTERNATIONAL LTD (IN LIQUIDATION) v RAVEN AND OTHERS

[2014] Lloyd's Rep FC Plus 7

Directors' duties - Duomatic defence - Ex turpi causa - Ponzi scheme - Fraud

DLA PIPER UK LLP v BDO LLP

[2014] Lloyd's Rep FC Plus 8

Costs – Order for costs – Witness summons – Crown Court order against solicitors to pay costs of person successfully resisting summons – Jurisdiction of High Court to hear appeal by way of case stated or Judicial review – Criminal Procedure (Attendance of Witnesses) Act 1965, section 2 – Criminal Procedure Rules 2012, rule 28.5 – Prosecution of Offences Act 1985, section 19A – Senior Courts Act 1981, sections 28 and 29.

R v J AND OTHERS

[2014] Lloyd's Rep FC Plus 9

Prevention of Corruption Act 1906 - Elements which the prosecution has to prove - Principal and agent - Consent of principal for agent to receive benefit

YOUSSEF v SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS

[2014] Lloyd's Rep FC Plus 10

Financial sanctions – Al-Qaida – United Nations Security Council Resolution 1267 – Listing decision – Judicial review – ECHR, article 8 – Article 1, Protocol 1 ECHR.

AC AND OTHERS v NOTTINGHAM AND NEWARK MAGISTRATES’ COURT AND ANOTHER

[2014] Lloyd's Rep FC Plus 11

Warrant – Search warrant – Validity of search warrant – Judicial review – Failure of the warrant to identify property to be seized – Unlawfulness of entry search and seizure – Reasonable grounds for granting search warrant – Concessions made by HMRC as to lawfulness of search warrant – Application to retain property – Police and Criminal Evidence Act 1984, sections 8, 14, 15 and 16 – Criminal Justice and Police Act 2001, section 59.

R v MONTAGUE

[2014] Lloyd's Rep FC Plus 12

Fraud Act 2006 – Joint enterprise – Articles in possession or under control for use in fraud – Directions to the jury.

O'NEIL v GALE

[2014] Lloyd's Rep FC Plus 13

Restitution - Financial regulation - Criminal law - Unjust enrichment - Defence of change of position - Dishonest assistance - Regulatory offences - Collective Investment Scheme - Participation - Aiding commission of offence - Knowledge of elements of offence - Knowledge of requirement for authorisation - Financial Services and Markets Act 2000, sections 19, 23 and 235

HOUGHTON v THE COMMISSIONERS FOR HER MAJESTY’S REVENUE & CUSTOMS

[2014] Lloyd's Rep FC Plus 14

Money Laundering Regulations 2007 – Penalty for failure to register – Whether HMRC were precluded from issuing a penalty – Whether the penalty structure is effective, proportionate and dissuasive – Whether the penalty levied on the appellant was appropriate.

R v PADDA

[2014] Lloyd's Rep FC Plus 15

Confiscation order - Proceedings to reconsider available amount for revised order - Test to be applied in determine the "just" amount - Requirement for proportionality - Proceeds of Crime Act 2002, section 22

SECRETARY OF STATE FOR HEALTH AND OTHERS v SERVIER LABORATORIES LTD AND OTHERS and NATIONAL GRID ELECTRICITY TRANSMISSION PLC v ABB LTD AND OTHERS

[2014] Lloyd's Rep FC Plus 16

Disclosure orders - Judicial discretion - EU law - Foreign companies - Judicial co-operation - Jurisdiction - Provision of information - Taking of evidence abroad

LEES AND OTHERS v SOLIHULL MAGISTRATES' COURT AND ANOTHER

[2014] Lloyd's Rep FC Plus 17

Excise duty - Search warrants - Police and Criminal Evidence Act 1984 - Retention of material - Criminal Justice and Police Act 2001 - Judicial review - Unlawful entry - Remedies

7722656 CANADA INC (FORMERLY CARRYING ON BUSINESS AS SWIFT TRADE INC) AND ANOTHER v THE FINANCIAL CONDUCT AUTHORITY (A COMPANY LIMITED BY GUARANTEE, FORMERLY THE FINANCIAL SERVICES AUTHORITY) DA VINCI INVEST LTD DA AND VINCI INVEST PTE LTD (INTERVENERS)

[2014] Lloyd's Rep FC Plus 18

Market abuse - "Layering" - Financial Services and Markets Act 2000, section 118 - Dissolved companies

THE SCOTTISH MINISTERS v ELLIS

[2014] Lloyd's Rep FC Plus 19

Civil recovery - Recovery order - Weight to be given to hearsay evidence of unlawful conduct - Significance of lack of satisfactory explanation of income

R v MACKLE R v MACKLE (NO 2) R v MACKLE (NO 3) R v MCLAUGHLIN

[2014] Lloyd's Rep FC Plus 20

Confiscation orders - Order made by consent - Orders based on incorrect legal basis - Whether defendant can appeal - Who receives the benefit in evasion of duty cases

R (VIRGIN MEDIA LTD) v ZINGA

[2014] Lloyd's Rep FC Plus 21

Criminal law – Appeal – Appeal against conviction – Proceeds of Crime Act 2002 – Private prosecutions – Whether a private prosecutor can instigate confiscation proceedings.

R v UDOAMAKA ONUIGBO (ALSO KNOWN AS OKORONKWO)

[2014] Lloyd's Rep FC Plus 22

Confiscation orders - Benefit from criminal conduct - Criminal lifestyle - Correct confiscation regime - Lien - Solicitors' powers and duties - Disclosure - Extent of prosecutor's disclosure - Criminal Justice Act 1988, section 93A - Proceeds of Crime Act 2002, sections 6(4)(b), 6(5), 327 and 328 - Proceeds of Crime Act 2002 (Commencement No 5 Transitional Provisions Savings and Amendment) Order 2003, paras 1(3), 2(1) and 3(1)

R v PACE AND ANOTHER

[2014] Lloyd's Rep FC Plus 23

Attempts - Concealment of criminal property - Criminal intent - Intention - Mens rea - Scrap metal dealing - Attempts to convert criminal property - Suspicion - Criminal Attempts Act 1981, section 1(1) - Criminal Law Act 1977, section 1 - Proceeds of Crime Act 2002, sections 327(1) and 340(3)

SANTANDER UK PLC v RA LEGAL SOLICITORS

[2014] Lloyd's Rep FC Plus 24

Mortgage fraud - Solicitors - Breach of trust - Strict liability - Transferring money to a fraudster - Relief from liability under the Trustee Act 1925 - Trustee Act 1925, section 61

VAN DER PIJL v SECRETARY OF STATE FOR THE HOME DEPARTMENT AND ANOTHER

[2014] Lloyd's Rep FC Plus 25

Mutual legal assistance ("MLA") request - Tax fraud - Crime (International Co-operation Act) 2001 - Search warrant - Criminal Justice and Police Act 2001, section 59 - Judicial review

KULIBABA AND KONOVALENKO v GOVERNMENT OF THE UNITED STATES OF AMERICA

[2014] Lloyd's Rep FC Plus 26

Extradition - Concurrent jurisdiction - Double jeopardy - Extradition Act 2003, section 103 - Abuse of process

R v TATHAM

[2014] Lloyd's Rep FC Plus 27

Confiscation - Criminal Justice Act 1988, section 71 - Pecuniary advantage - Fraudulent evasion of excise duty - Tobacco Products Duty Act 1979 - Joint enterprise - Council Directive 92/12/EEC

HOLT v HER MAJESTY'S ATTORNEY GENERAL ON BEHALF OF THE QUEEN

[2014] Lloyd's Rep FC Plus 28

Money laundering - Criminal property - Knowledge of criminal conduct - (Isle of Man) Proceeds of Crime Act 2008, section 140 - "Arrangement" offence

UNITED STATES OF AMERICA v ABACHA AND OTHERS

[2014] Lloyd's Rep FC Plus 29

Corruption - Fraud - Proceeds of misappropriations - Forfeiture claim brought by foreign country - Freezing order - Civil Jurisdiction and Judgments Act 1982, section 25 - Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Part 5

R v BOUGHTON-FOX

[2014] Lloyd's Rep FC Plus 30

Second appeal against conviction - Confiscation order - Restraint order - Date of commencement of offence - Change in confiscation regime from Criminal Justice Act 1988 to Proceeds of Crime Act 2002 - Substitution of order under correct regime

R v O'BRIEN

[2014] Lloyd's Rep FC Plus 31

Extradition - Specialty - Extradition Act 2003 - Extradition from USA - Restraint - breach of restraint - Civil contempt - Criminal contempt

R v KING

[2014] Lloyd's Rep FC Plus 32

Sentence - Confiscation order - Proceeds of Crime - Recoverable amount - Appeal against amount of confiscation order - Confiscation order disproportionate within meaning of article 1 of Protocol 1 to ECHR - Proceeds of Crime Act 2002, section 6 - Appellant selling cars privately

R (GOLFRATE PROPERTY MANAGEMENT LTD AND ANOTHER) v THE CROWN COURT AT SOUTHWARK AND ANOTHER

[2014] Lloyd's Rep FC Plus 33

Criminal Procedure - Search and seizure warrants - Information - Non-disclosure - Police powers - Money laundering - Breach of sanctions - Proceeds of Crime Act 2002, sections 340, 352(1), 352 (6)(b), 353(b), 355(1)-(3) - Council Regulation (EC) No 310/2002 and 314/2004 - Zimbabwe (Freezing of Funds, other Financial Assets or Economic Resources) Regulations 2002 and 2004 - Zimbabwe (Financial Sanctions) Regulations 2009 - Police and Criminal Evidence Act 1984, sections 15 and 16 - Criminal Justice and Police Act 2001, section 50

NATIONAL CRIME AGENCY (PREVIOUSLY KNOWN AS SERIOUS ORGANISED CRIME AGENCY) v HAKKI YAMAN NAMLI (AKA FERDAL CAKMAK, SARIF SARIKAYA AND DR YAMAN) AND ANOTHER

[2014] Lloyd's Rep FC Plus 34

Proceeds of Crime - Assets recovery - Banking and finance - Fraud - Inducement - Inferences - Civil Procedure - Proceeds of Crime Act 2002, sections 241, 304, 306 and 307

KAZAKHSTAN KAGAZY PLC AND OTHERS v MAKSAT ASKARULY ARIP

[2014] Lloyd's Rep FC Plus 35

Civil procedure – Fraud – Freezing injunction – Good arguable case – Limitation – Foreign Limitation Periods Act 1984 – Knowledge of company – Date of knowledge – Rule on reflective loss – Exceptions to rule through disability of company – Non-disclosure – Materiality of non-disclosures.

RAWLINSON AND HUNTER TRUSTEES SA AND OTHERS v AKERS AND ANOTHER

[2014] Lloyd's Rep FC Plus 36

Third party disclosure - Legal professional privilege - Litigation privilege - Interpretation of "dominant purpose" - Interpretation of "real prospect"

R v EVANS AND OTHERS

[2014] Lloyd's Rep FC Plus 37

Conspiracy to defraud – Application to dismiss – Whether any offence committed if means and act lawful – Crime and disorder Act, section 51.

TCHENGUIZ AND ANOTHER v DIRECTOR OF THE SERIOUS FRAUD OFFICE

[2014] Lloyd's Rep FC Plus 38

Cause of action estoppel - Judicial review - Res judicata - Search warrants - Trespass

R (ON THE APPLICATION OF) (1) AB AND (2) CD v (1) HUDDERSFIELD MAGISTRATES' COURT (2) CHIEF CONSTABLE OF WEST YORKSHIRE POLICE

[2014] Lloyd's Rep FC Plus 39

Search warrants - Full and frank disclosure - Legal professional privilege - Judicial review - Police and Criminal Evidence Act 1984, sections 8, 15, 16 and 18 - Criminal Justice and Police Act 2001, sections 15, 16 and 50 - Codes of Practice - Code B

BARNES (AS FORMER COURT APPOINTED RECEIVER) v THE EASTENDERS GROUP AND ANOTHER

[2014] Lloyd's Rep FC Plus 40

Receivership order - Ex parte application - Duty of candour not fulfilled - Order wrongly granted - Which party to bear Receiver's costs

ROBERT TCHENGUIZ AND ANOTHER v DIRECTOR OF THE SERIOUS FRAUD OFFICE

[2014] Lloyd's Rep FC Plus 41

Independent counsel - Document review - Legal professional privilege - Judicial review proceedings - Disclosure - Collateral purpose - Contempt

SWEENEY v WESTMINSTER MAGISTRATES' COURT AND ANOTHER (ENVIRONMENT AGENCY, INTERESTED PARTY)

[2014] Lloyd's Rep FC Plus 42

Criminal procedure - Search and seizure warrants - Information - Non-disclosure - Money laundering - Harmful disposal of waste - Environment - Police and Criminal Evidence Act 1984, sections 8(1), 8(3), 9, 15, 15(6), 16, Sch 1 - Environment Protection Act 1990, sections 33, 34 - Environment Act 1995, sections 108, 110 - Environmental Permitting (England and Wales) Regulations 2010, regs 8, 12, 14, 20, 21, 22, 32, 34, 36, 37, 38, 41, Sch 5 - Proceeds of Crime Act 2002, sections 327, 328, 329

PAULET v UNITED KINGDOM

[2014] Lloyd's Rep FC Plus 43

Confiscation - Proceeds of Crime Act 2002, section 6 - Applicant using false passport in applying for employment - Obtaining by deception and other offences - Confiscation of net salary earned from otherwise legitimate employment - Whether abuse of process jurisdiction sufficient to assure applicant's rights under article 1 Protocol 1 ("A1P1") of the European Convention on Human Rights ("ECHR")

JOSEPH ASHFORD AND OTHERS v SOUTHAMPTON CITY COUNCIL

[2014] Lloyd's Rep FC Plus 44

Proceeds of Crime Act 2002 (POCA), sections 6, 10, 69, 42, 41 – Restraint order – Reasonable cause to believe there was a benefit from criminal conduct – Criminal lifestyle.

R v OKEDARE

[2014] Lloyd's Rep FC Plus 45

Confiscation - Absence of offender - Proceeds of Crime Act 2002, section 6

R v AHMAD AND ANOTHER R v FIELDS AND OTHERS

[2014] Lloyd's Rep FC Plus 46

Crime - Confiscation - Aim of confiscation legislation - Benefit from criminal conduct - Jointly obtained - Apportionment - Confiscation orders for whole amount - Recovery by the State - Proportionality - Article 1, Protocol 1 ECHR - Criminal Justice Act 1988, section 71(4) - Proceeds of Crime Act 2002, section 76(4)

R v ERNEST

[2014] Lloyd's Rep FC Plus 47

Confiscation order - Calculation of benefit - Assumptions - Inclusion of living expenses - Approach to calculating available amount - Proceeds of Crime Act 2002

PATEL v MIRZA

[2014] Lloyd's Rep FC Plus 48

Contract - Frustration - Illegality - Restitution - Unjust enrichment - Insider dealing - Claimant paying defendant to make joint spread bet on stock market movement - Insider information not available - Bet not made - Claimant seeking repayment -Criminal Justice Act 1993, section 52

R (ON THE APPLICATION OF MILLS AND ANOTHER) v SUSSEX POLICE AND ANOTHER

[2014] Lloyd's Rep FC Plus 49

Proceeds of Crime Act, sections 352 and 353 - Lawfulness of search warrant - Judicial review - Full and frank disclosure - Whether warrant should be set aside

HANNAM v FINANCIAL CONDUCT AUTHORITY

[2014] Lloyd's Rep FC Plus 50

Market abuse - Inside information - Standard of proof

R v ROGERS AND OTHERS

[2014] Lloyd's Rep FC Plus 51

Money laundering - Amended indictment - Defendant being convicted of converting criminal property - Defendant appealing - Jurisdiction - Whether judge erring in permitting amendment of indictment after successful no case to answer submission - Whether judge erring in ruling acts alleged in amended count not being subsumed by conspiracies of which defendant being acquitted - Whether judge erring in ruling Crown Court having jurisdiction to deal with amended count - Proceeds of Crime Act 2002, section 327(1)(c)

LLR: Financial Crime Plus