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LLR: Financial Crime RSS feed

MIRCHANDANI v THE LORD CHANCELLOR

Costs – Private prosecutions – Prosecution of Offences Act 1985, section 17 – Award of prosecution costs from central funds in proceedings “in respect of an indictable offence” – Civil proceedings for the enforcement of a confiscation order obtained under the Criminal Justice Act 1988 – Whether jurisdiction to make costs order.

[2021] Lloyd's Rep. FC 11

R v BEVAN

Proceeds of Crime Act 2002 – Confiscation proceedings – Appeal against determination of extent of a defendant's interest in property, section 31(4) – Determining extent of interest, section 10A – Third party rights – Equitable interests – Tainted gifts.

[2021] Lloyd's Rep. FC 32

DIRECTOR OF THE SERIOUS FRAUD OFFICE v AIRLINE SERVICES LTD

Deferred Prosecution Agreement – Corruption – Bribery Act 2010 – Failure to prevent bribery – Adequate procedures – Agent – Conflict of interest – Internal investigation – Self-reporting – Cooperation.

[2021] Lloyd's Rep. FC 42

R v LUCKHURST AND GOLDING (INTERVENOR)

Restraint order – Restraint – Variation – Living expenses – Legal expenses – Fees – Unsecured creditor – Proceeds of Crime Act 2002, section 41.

[2021] Lloyd's Rep. FC 53

R v FERATI

Fraudulent evasion of tax – Under-declaration of business profits – Relevance of quantum of under-declaration – Privilege against self-incrimination – Relevance to credibility of failure voluntarily to disclose documents.

[2021] Lloyd's Rep. FC 69

FORTE AND VALE v R

Confiscation orders – Divorce – Standard of proof – Beneficial ownership – Adverse inferences.

[2021] Lloyd's Rep. FC 74

BERMINGHAM AND PALOMBO v R

Appeal again conviction – Euribor manipulation – Jury misconduct – Bias – Special knowledge – Jury direction re the “proper basis” for Euribor submissions – Decisions per incuriam – Conspiracy to defraud – Legal certainty unlawfulness – Legal certainty dishonesty – recklessness as to economic prejudice – Extension of time.

[2021] Lloyd's Rep. FC 88

DIRECTOR OF THE SERIOUS FRAUD OFFICE v AIRBUS SE

Airbus – Bribery – Bribery Act 2010 – Corruption – Deferred Prosecution Agreement (“DPA”) – Extraterritorial – Failure to Prevent – Financial Markets – Self Reporting – Serious Fraud Office (“SFO”).

[2021] Lloyd's Rep. FC 159

SPORTS DIRECT INTERNATIONAL PLC v FINANCIAL REPORTING COUNCIL

Legal professional privilege (“LPP”) – Financial Reporting Council (“FRC”) – Power to require provision of information – Disclosure – Statutory Auditors and Third Country Auditors Regulations 2016 (SI 2016 No 649) (“SATCAR”) – Audit Enforcement Procedure (“AEP”).

[2021] Lloyd's Rep. FC 181

R (LONDON BOROUGH OF HARINGEY) v ROTH

Breach of Planning Enforcement Notice – Confiscation proceedings – Statutory offences – Benefit from criminal conduct – Credit for guilty plea – Town and County Planning Act 1990, section 179 – Form of summons.

[2021] Lloyd's Rep. FC 197

NATIONAL CRIME AGENCY v AZIZ AND OTHERS

Proceeds of crime – Mutual legal assistance – Prohibition orders – Forfeiture – Recovery of misappropriated funds – Property acquired with misappropriated funds – Suspicious activity reports – Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005 No 3181), article 141A.

[2021] Lloyd's Rep. FC 207

R v LOWTHER AND OTHERS

Appeal – Confiscation – Proceeds of Crime Act 2002, section 10 – Criminal lifestyle assumptions.

[2021] Lloyd's Rep. FC 244

R (THE ENVIRONMENT AGENCY) v RYDER AND ANOTHER

Appeal – Confiscation – Proceeds of Crime Act 2002 – Pecuniary advantage – Jurisdiction – Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No 675), regulations 12(1)(a) and 38(1)(a).

[2021] Lloyd's Rep. FC 267

COLLINS v DIRECTOR OF PUBLIC PROSECUTIONS

Proceeds of crime – Confiscation proceedings – Hidden assets order – Co-defendants – Article 1 Protocol 1, ECHR – Proportionality – Joint liability – Default terms – Warrants of commitment – Proceeds of Crime Act 2002 – Statutory purpose.

[2021] Lloyd's Rep. FC 277

MENG v HSBC BANK PLC AND OTHERS

Civil evidence – Bankers’ Books Evidence Act 1879 – Foreign proceedings – Extra-territorial jurisdiction – Legal proceeding – Other records – Discretion.

[2021] Lloyd's Rep. FC 286

R v AKLE AND OTHERS

Abuse of process – Prosecutorial misconduct – Circumstances in which an individual may be deemed a Covert Human Intelligence Source – Regulation of Investigatory Powers Act 2000, section 26 – Admissibility of evidence relating to a co-defendant's guilty plea.

[2021] Lloyd's Rep. FC 306

R v SHUNJIAN JIANG

Money laundering – Money Laundering Regulations 2007 – Proceeds of Crime Act 2002 – Confiscation proceedings – Criminal property.

[2021] Lloyd's Rep. FC 315

BALAZ v DISTRICT COURT OF ZVOLEN (SLOVAKIA)

Extradition – Money laundering – Fraud – Jurisdiction – Extra-territoriality – Whether conduct constituted an extra-territorial offence.

[2021] Lloyd's Rep. FC 346

DIRECTOR OF PUBLIC PROSECUTIONS v BAXTER

Cash forfeiture in Ireland – Powers of search – Liability to forfeiture – Discretion not to order forfeiture where search unlawful.

[2021] Lloyd's Rep. FC 365

HER MAJESTY’S ATTORNEY GENERAL v LGL TRUSTEES LTD

Money laundering – Sentencing – Trust company – Customer due diligence – Politically exposed person – High-risk transaction – Risk assessment and management – Failure to recognise and respond to risk that trust structure might be used for embezzlement – Failure to properly identify and verify the corporate customer's controllers – Proceeds of Crime (Jersey) Law 1999, article 37(4) – Money Laundering (Jersey) Order 2008, articles (11)(1)(f) and 13(1)(a).

[2021] Lloyd's Rep. FC 374

AA AND OTHERS v BB AND ANOTHER

Worldwide freezing orders – Criminal restraint orders – Serious Fraud Office – Proceeds of Crime Act 2002 – Whether criminal restraint order prohibited worldwide freezing order – Risk of dissipation.

[2021] Lloyd's Rep. FC 387

R v JUSTYNA PARCZEWSKA

Proceeds of crime – Assessment of benefit – Factual findings – Relationship with sentence.

[2021] Lloyd's Rep. FC 397

R v LOUANJLI

Appeal against conviction – Fraud – Money laundering – Exclusion of evidence – Relevance – Power to allow evidence of defendant via video link.

[2021] Lloyd's Rep. FC 403

LENNON AND ANOTHER v ENGLEFIELD AND OTHERS

Professional negligence – Conveyancing – Money Laundering Regulations 2007 (SI 2007 No 2157) – Solicitors Regulatory Authority Code of Conduct – Client money – Duty of care – Undue influence – Causation – Professional indemnity insurance – Exclusions – Recoverable loss.

[2021] Lloyd's Rep. FC 432

TODOROV AND OTHERS v BULGARIA

Criminal confiscation – Asset recovery – Proof – Presumptions – Extended confiscation regime – Proportionality – European Convention on Human Rights, Article 1 of Protocol No 1 (A1P1).

[2021] Lloyd's Rep. FC 455

LONDON BOROUGH OF BARNET v KAMYAB

Proceeds of crime – Breaches of enforcement notices – Prosecutor's appeal against a confiscation order – Whether confiscation order can be remitted to the Crown Court for redetermination on appeal by the Prosecutor.

[2021] Lloyd's Rep. FC 508

LONDON BOROUGH OF BARNET v KAMYAB

Proceeds of crime – Variation of confiscation order – Appeal by prosecutor when order made – Court of Appeal hearing application to vary under POCA 2002, section 32(1).

[2021] Lloyd's Rep. FC 520