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LLR: Financial Crime Plus RSS feed

SCHOLTZ AND OTHERS v THE STATE

Corruption under sections 3 and 4 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 - Offence committed even if gratification paid after the event - Sentencing in respect of an offence of corruption.

[2019] Lloyd's Rep. FC Plus 2

LONSDALE v NATIONAL WESTMINSTER BANK PLC

Summary judgment - Strike out - Data Protection Act - Disclosure - Defamation - Fraud - Proceeds of Crime - Whether claims by customer with frozen accounts susceptible to strike out or summary judgment - Whether customer entitled to summary judgment for breach of contract - Whether customer of bank entitled to summary judgment on customer's claim under Data Protection Act 1998 - Whether defamation claim by customer precluded by privilege - Whether customer entitled to inspection of suspicious activity reports ("SARs").

[2019] Lloyd's Rep. FC Plus 4

R v GIMBERT

Theft of land - Theft Act 1968 - Power of attorney - Validity.

[2019] Lloyd's Rep. FC Plus 8

BENNETT v THE CHIEF CONSTABLE OF MERSEYSIDE POLICE

Proceeds of crime - Forfeiture - Costs - Proceeds of Crime Act 2002, section 298 - Cash - No Order as to Costs - Magistrates' Court Act 1980, section 64(1) - Courts Act 1971, section 52(3)(b) - Totally without merit

[2019] Lloyd's Rep. FC Plus 11

SOTHEBY’S v MARK WEISS LTD AND OTHERS

Disclosure - Inspection - Legal professional privilege - Litigation privilege - Dual purpose - Dominant purpose – CPR 31.19

[2019] Lloyd's Rep. FC Plus 12

GIEM SRL AND OTHERS v ITALY

Human rights – European Convention on Human Rights, articles 6 and 7 – Non-conviction confiscation – Article 1 of Protocol No 1 – Property development – Subsidiarity – Margin of appreciation doctrine – Pilot judgments – Stare decisis – Consolidated law.

[2019] Lloyd's Rep. FC Plus 14

GILANI v SADDIQ AND OTHERS

Civil Procedure Rules, r 31.22 - Use of documents disclosed in civil proceedings in criminal proceedings - Permission - Proper purpose - Public interest - Fraud - Private prosecution

[2019] Lloyd's Rep. FC Plus 15

R v GODIR

Mens rea - Knowingly - Recklessness - Jury directions - Tax Credit Act 2002, section 35 - Taxes Management Act 1970, section 106A

[2019] Lloyd's Rep. FC Plus 18

R v FULTON

Criminal benefit - Disguise, convert or transfer criminal property - Conspiracy - Money laundering - Proportionality - Proceeds of Crime Act 2002, sections 6, 76 and 84.

[2019] Lloyd's Rep. FC Plus 20

SERIOUS FRAUD OFFICE v TESCO STORES LTD

Crime and Courts Act 2013, section 45 and Schedule 17 - Deferred Prosecution Agreement ("DPA") Code of Practice 2016 - Theft Act 1968, section 17.

[2019] Lloyd's Rep. FC Plus 21

R v D

Council tax - Fraud by non-disclosure - Legal duty to disclose information - Terminating rulings.

[2019] Lloyd's Rep. FC Plus 22

MARTIN v COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS

Money laundering – Money Laundering Regulations 2007 (SI 2007 No 2157), regulations 33 and 42 – Tax adviser – Registration with supervisory authority – Penalty for carrying on business while not on register.

[2019] Lloyd's Rep. FC Plus 24

NATIONAL CRIME AGENCY v NUTTALL AND OTHERS

Proceeds of Crime Act 2002 – Recovery – Money laundering – Mortgage fraud – Contravention of the Company Directors Disqualification Act 1986.

[2019] Lloyd's Rep. FC Plus 27

RE SOMAIA

Costs - Central funds - Private prosecution - Enforcement - Statutory interpretation - Criminal Justice Act 1988, sections 71, 80 and 82 - Prosecution of Offences Act 1985, section 17

[2019] Lloyd's Rep. FC Plus 29

R v THAYAPARAN AND OTHERS

Proceeds of Crime Act 2002 ("POCA") - Confiscation - Criminal property - Beneficial ownership - Assumptions

[2019] Lloyd's Rep. FC Plus 31

R v DRUZYC

Appeal - Substituting offence - Indictment - Insolvency Act 1986, sections 206 and 207

[2019] Lloyd's Rep. FC Plus 32

N v ROYAL BANK OF SCOTLAND

Banking - Bank accounts - Freezing of accounts - Termination of relationship - Money laundering - Proceeds of Crime Act 2002, section 338(4A)

[2019] Lloyd's Rep. FC Plus 33

R v PANAYI

Crime - Sentence - Confiscation orders - Basis of conviction - Benefit from criminal conduct - Planning control - Enforcement notices - Non-compliance - Property income - Town and Country Planning Act 1990 (c 8), section 179(6) (as substituted by Planning and Compensation Act 1991 (c 34) Part I, sections 8, 21) - Proceeds of Crime Act 2002 (c 29), section 76(3)(4).

[2019] Lloyd's Rep. FC Plus 34

R v ALSTOM NETWORK UK LTD

Companies - Directing mind and will - Directors - Abuse of process

[2019] Lloyd's Rep. FC Plus 35

R v HAQUE

Money laundering – Proceeds of Crime Act 2002 – Criminal property – “Acquisition” meaning – Retention, use or possession of criminal property – Section 329 creating three offences – Erroneous charge – Substitution of a conviction.

[2019] Lloyd's Rep. FC Plus 42

SERIOUS FRAUD OFFICE v SERCO GEOGRAFIX LTD

Deferred Prosecution Agreement (“DPA”) – Interests of justice – Self-reporting – Debarment – Privilege – Dormant company – Role of parent companies.

[2019] Lloyd's Rep. FC Plus 43

SAAB AND ANOTHER v DANGATE CONSULTING LTD AND OTHERS

Breach of confidence – Breach of confidentiality agreement – Disclosure of confidential information by private investigators to regulators, law enforcement agencies, media and lawyers – Public interest defence – Legal compulsion defence.

[2019] Lloyd's Rep. FC Plus 45

R v S

Restraint order – Reasonable time – Guidance – Pre-charge – Delay – Discharge – Proceeds of Crime Act 2002, sections 40, 41 and 42.

[2019] Lloyd's Rep. FC Plus 46

SERIOUS FRAUD OFFICE v SARCLAD LTD

Deferred Prosecution Agreement (“DPA”) – Crime and Courts Act 2013, section 45 and Schedule 17 – Judicial Approval of DPA – Bribery – Moderately resourced SME committing bribery on a significant scale – Financial penalty outside sentencing guideline.

[2019] Lloyd's Rep. FC Plus 47