LLR: Financial Crime

KOMISIA ZA PROTIVODEYSTVIE NA KORUPTSIYATA I ZA OTNEMANE NA NEZAKONNO PRIDOBITOTO IMUSHTESTVO v BP AND OTHERS CORPORATE COMMERCIAL BANK, IN LIQUIDATION

Proceeds of Crime – Asset recovery – Reference for a preliminary ruling – Judicial cooperation in criminal matters – Proceedings for the confiscation of illegally obtained assets in the absence of a criminal conviction – Directive 2014/42/EU – Scope – Framework Decision 2005/212/JHA.

[2021] Lloyd's Rep. FC 1

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

DB v COMMISSIONE NAZIONALE PER LE SOCIETÀ E LA BORSA (CONSOB), INTERVENING PARTIES: PRESIDENTE DEL CONSIGLIO DEI MINISTRI

Market abuse – Failure to cooperate with competent authorities – Right to remain silent.

[2021] Lloyd's Rep. FC 109

DB v COMMISSIONE NAZIONALE PER LE SOCIETÀ E LA BORSA (CONSOB), INTERVENER IN THE MAIN PROCEEDINGS: PRESIDENZA DEI CONSIGLIO DEI MINISTRI

Market abuse – Failure to cooperate with competent authorities – Right to remain silent.

[2021] Lloyd's Rep. FC 123

ASHBOLT AND ANOTHER v HER MAJESTY'S REVENUE AND CUSTOMS AND ANOTHER

Tax avoidance – Fraud – Judicial review – HMRC – Lawfulness of search and seizure warrants – Whether reasonable grounds for obtaining search warrants – Police and Criminal Evidence Act 1984, section 9, Schedule 1.

[2021] Lloyd's Rep. FC 143

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