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LLR: Financial Crime Plus RSS feed

IN THE MATTER OF KETAN SOMAIA IN THE MATTER OF THE CRIMINAL JUSTICE ACT 1988

Case considering the legal definition of a gift in confiscation proceedings brought under section 80 of the Criminal Justice Act 1988 – The predecessor regime to the Proceeds of Crime Act 2002 – The High Court declined to grant the declarations sought and to declare that the transfers were gifts – The sums did not form part of the property subject to the confiscation order in this case.

[2018] Lloyd's Rep. FC Plus 1

R (SUPERIOR IMPORT/EXPORT LTD AND OTHERS) v THE COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS AND ANOTHER

Powers of investigation - Search warrants - Issuance and execution of warrants - HM Revenue & Customs - Police and Criminal Evidence Act 1984, section 8 - Convention of 29 May 2000 relating to Mutual Assistance in Criminal Matters between the member states of the European Union - Crime International Cooperation Act 2003, section 13 - Council Framework Decision on Joint Investigation Teams 2002/465/JHA

[2018] Lloyd's Rep. FC Plus 2

NATIONAL CRIME AGENCY v DONG AND ANOTHER (XING, INTERESTED PARTY)

National Crime Agency - Revenue functions - Charging order - Beneficial ownership of property - Civil evidence - Presumptions - Presumption of resulting trust - Proceeds of Crime Act 2002, Part 6 - Law of Property Act 1925, section 60 - Charging Orders Act 1979, section 1

[2018] Lloyd's Rep. FC Plus 5

SHEPHERD v BYRNE AND PARTNERS LLP

Professional negligence - Breach of contract - Solicitors - Claim for damages - Tax evasion - Offshore accounts - Bribes - Proceeds of Crime Act 2002, section 340 - Criminal property - Undeclared income - Voluntary disclosure - HMRC Code of Practice 9 - Eligibility for the Liechtenstein Disclosure Facility

[2018] Lloyd's Rep. FC Plus 7

R (HARALAMBOUS) v CROWN COURT AT ST ALBANS AND ANOTHER

Investigations - Search warrants - Disclosure - Public Interest Immunity - Closed evidence procedure - Police and Criminal Evidence Act 1984 - Criminal Justice and Police Act 2001, section 59

[2018] Lloyd's Rep. FC Plus 11

HIGGINS v NATIONAL CRIME AGENCY

National Crime Agency - Revenue functions - Income tax - Discovery assessment - Confiscation order - Relationship between confiscation and taxation regimes - Taxes Management Act 1970, section 29 - Proceeds of Crime Act 2002, Part 5, section 317

[2018] Lloyd's Rep. FC Plus 13

CORPORATE COMPANIES SRO v MINISTERSTVO FINANCÍ ČR

Money laundering and terrorist financing - Directive 2005/60/EC, articles 2(1)(3)(c) and 3(7)(a) - Scope - Application to trust and company service providers - Whether the sale of pre-formed companies which were incorporated for the purposes of sale is a regulated activity

[2018] Lloyd's Rep. FC Plus 14

R v BAHBAHANI

Town and Country Planning Act 1990, section 179(2) and (8) - Enforcement Notice - Venire de novo - Proceeds of Crime Act 2002 - Criminal lifestyle provisions

[2018] Lloyd's Rep. FC Plus 16

R (GIBSON) v SECRETARY OF STATE FOR JUSTICE

Confiscation - Fines - Non-payment - Warrants for committal to prison - Default terms of imprisonment - Interest - Part payment - Proceeds of Crime Act 2002 - Drug Trafficking Act 1994, sections 9 and 10 - Powers of the Criminal Courts Act 1973, sections 31 and 32 - Powers of the Crown Court (Sentencing) Act 2000 - Magistrates' Courts Act 1980, sections 76 and 79.

[2018] Lloyd's Rep. FC Plus 19

RE SMITH

Confiscation - Realisable property - Receivership order - Third parties - Right to enjoyment of property - Receivership costs - Piggott condition.

[2018] Lloyd's Rep. FC Plus 20

IVASHCHENKO v RUSSIA

Right to respect for private life - Customs officer copying electronic data from a laptop - Interference with article 8(1) of the Convention - Whether in accordance with law and necessary in a democratic society.

[2018] Lloyd's Rep. FC Plus 21

GARLSSON REAL ESTATE SA, IN LIQUIDATION, STEFANO RICUCCI, MAGISTE INTERNATIONAL SA v COMMISSIONE NAZIONALE PER LE SOCIETA E LA BORSA (CONSOB)

Charter of Fundamental Rights of the European Union 2000, articles 50 and 52 - European Convention for the Protection of Human Rights and Fundamental Freedoms Protocol No 7, para 4 - Market Abuse Directive 2003/6/EC - Market Abuse Regulation (EU) No 596/2014 - Directive on Criminal Sanctions for Insider Dealing and Market Manipulation ("CSMAD") 2014/57/EU - Infringement of the principle ne bis in idem - National law administrative and criminal regimes and penalties for the same acts.

[2018] Lloyd's Rep. FC Plus 22

R v PABON

Conspiracy to defraud - LIBOR - Expert evidence - Fresh evidence - Safety of conviction.

[2018] Lloyd's Rep. FC Plus 23

R v MILLS

Proceeds of crime - Term in default - Jurisdiction of the Court of Appeal - Varying the term in default - "Slip rule" - Confiscation order - Proceeds of Crime Act 2002, sections 31 and 35.

[2018] Lloyd's Rep. FC Plus 25

R v HAYES

Confiscation proceedings - Tainted gifts - Valuable consideration - Family services by spouse - Proceeds of Crime Act 2002, sections 77 and 78.

[2018] Lloyd's Rep. FC Plus 28

R v COLE

Benefit from criminal conduct - Concealment of criminal property - Confiscation orders - Drug trafficking - False accounting - Mortgage fraud - Valuation - Proceeds of Crime Act 2002, sections 6(5)(b), 22(4), 10(9)(b).

[2018] Lloyd's Rep. FC Plus 29

R v REID

Proceeds of crime - Confiscation proceedings - Appeal against confiscation orders - Calculating benefit figure.

[2018] Lloyd's Rep. FC Plus 30

R v GRICEVICIUS

Proceeds of Crime Act 2002, sections 6 and 7 – Confiscation order – Hidden assets – Benefit figure – Available amount – Proportionality.

[2018] Lloyd's Rep. FC Plus 31

R v DARROUX

Theft – Chose in action – Appropriation – Fraud by false representation – Deceptive representation inducing transfer – Control over bank account – Electronic transfer – Cheques – Substitution of verdict.

[2018] Lloyd's Rep. FC Plus 33

R v MCCOOL; R v HARKIN

Confiscation - Criminal procedure - Offences pre-dating statutory provisions - Interpretation of transitional arrangements

[2018] Lloyd's Rep. FC Plus 34

R v POGMORE

Theft Act 1968, section 21(1) – Criminal Justice Act 1993, sections 2 to 4 – Criminal Justice Act 2003, section 58.

[2018] Lloyd's Rep. FC Plus 35

P&P PROPERTY LTD v OWEN WHITE & CATLIN LLP AND ANOTHER DREAMVAR (UK) LTD v MISHCON DE REYA (A FIRM) AND ANOTHER THE LAW SOCIETY (INTERVENER)

Fraud - Sale of land - Purchase monies transferred to fraudster - Money laundering - Money Laundering Regulations 2007 (SI 2007 No 2157) - Whether vendor's solicitors warranted authority of true owner - Whether solicitors owed duty of care to purchaser - Funds transferred in breach of trust - Whether relief should be granted under section 61 of the Trustee Act 1925

[2018] Lloyd's Rep. FC Plus 38

R v HOCKEY

Confiscation orders - Proceeds of Crime Act 2002 - Criminal appeals - Delay

[2018] Lloyd's Rep. FC Plus 39

ENZO DI PUMA v COMMISSIONE NAZIONALE PER LE SOCIETÀ E LA BORSA (CONSOB) (C-596/16) COMMISSIONE NAZIONALE PER LE SOCIETÀ E LA BORSA (CONSOB) v ANTONIO ZECCA (C-597/16)

Directive 2003/6/EC – Insider dealing – Penalties – National legislation which provides for an administrative penalty and a criminal penalty for the same acts – Res judicata attached to a final criminal judgment relating to administrative proceedings – Final criminal judgment ordering acquittal in respect of insider dealing – Effectiveness of the penalties – Charter of Fundamental Rights of the European Union – Article 50 – Ne bis in idem principle – Criminal nature of the administrative sanction – Existence of the same offence – Article 52(1) – Limitations to the ne bis in idem principle – Conditions.

[2018] Lloyd's Rep. FC Plus 44

SOLICITORS REGULATION AUTHORITY v BOLTON

Solicitors' Regulation Authority - Solicitors' Code of Conduct 2007 - Solicitors' Accounts Rules 1998 - Solicitors' Practice Rules 1990 - Breach of duty to act in client's best interests - Money laundering - Proceeds of Crime Act 2002 - Not "mere inadvertence" - Striking from the Roll of Solicitors - Protection of public - Reputation of the profession

[2018] Lloyd's Rep. FC Plus 45

NATIONAL CRIME AGENCY v MRS A

Unexplained Wealth Order - Proceeds of Crime Act 2002 (“POCA”), section 362A-362R - Criminal Finances Act 2017 (“CFA 2017”) - European Convention on Human Rights (“ECHR”).

[2018] Lloyd's Rep. FC Plus 49

DIRECTOR OF THE SERIOUS FRAUD OFFICE v EURASIAN NATURAL RESOURCES CORPORATION LTD (LAW SOCIETY, INTERVENER)

Privilege - Legal professional privilege - Litigation privilege - Legal advice privilege - Privileged documents - Dominant purpose - Internal investigations - Criminal proceedings - Whether criminal proceedings were reasonably in contemplation - Whether documents were made for the sole or dominant purpose of conducting litigation - Whether documents were protected by legal advice privilege.

[2018] Lloyd's Rep. FC Plus 50