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LLR: Financial Crime Plus RSS feed

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 Plus 2

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 Plus 4

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 Plus 5

FORTE AND VALE v R

Confiscation orders - Divorce - Standard of proof - Beneficial ownership - Adverse inferences

[2021] Lloyd's Rep. FC Plus 6

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 Plus 7

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 Plus 8

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 Plus 9

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 Plus 13

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 Plus 14

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 Plus 15

R v LOWTHER AND OTHERS

Appeal – Confiscation – Proceeds of Crime Act 2002, section 10 (“POCA”) – Criminal lifestyle assumptions.

[2021] Lloyd's Rep. FC Plus 17

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 Plus 19