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LLR: Financial Crime RSS feed

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 8

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 28

HAYES v FINANCIAL CONDUCT AUTHORITY

Conspiracy to defraud – Strike-out application – Stay application – Privacy application – Prohibition Order – Financial Services and Markets Act 2000, sections 56, 133(6) and (6A) – Overriding objective – Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008 No 2698), rule 14 – Tribunal reference – Criminal conviction – Reference to CCRC.

[2018] Lloyd's Rep. FC 57

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 71

R (SUPERIOR IMPORT/EXPORT LTD AND OTHERS) v 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 115

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 143

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 149

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 164

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 195

RE SMITH

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

[2018] Lloyd's Rep. FC 239

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 251

R v PABON

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

[2018] Lloyd's Rep. FC 258

GARLSSON REAL ESTATE SA (IN LIQUIDATION) STEFANO RICUCCI, MAGISTE INTERNATIONAL SA v COMMISSIONE NAZIONALE PER LE SOCIETÀ 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 288

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 301

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 321

R v REID

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

[2018] Lloyd's Rep. FC 328

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 334

R v MCCOOL; R v HARKIN

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

[2018] Lloyd's Rep. FC 407

R v LANE AND LETTS (AB AND CD)

Terrorist financing – Preparatory hearing – Meaning of “reasonable cause to suspect”.

[2018] Lloyd's Rep. FC 438

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 445

R v HOCKEY

Confiscation orders – Proceeds of Crime Act 2002 – Criminal appeals – Delay.

[2018] Lloyd's Rep. FC 481

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 535

[2018] Lloyd's Rep. FC 632

[2018] Lloyd's Rep. FC 633

[2018] Lloyd's Rep. FC 634

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 635

NATIONAL CRIME AGENCY v MRS ZAMIRA HAJIYEVA (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 689