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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

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 Plus 20

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 Plus 21

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 Plus 22

R v SHUNJIAN JIANG

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

[2021] Lloyd's Rep. FC Plus 23

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 Plus 24

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 Plus 26

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 Plus 29

R v JUSTYNA PARCZEWSKA

Proceeds of crime - Assessment of benefit - Factual findings - Relationship with sentence

[2021] Lloyd's Rep. FC Plus 31

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 Plus 32

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 Plus 33

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 Plus 34

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 Plus 35

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 Plus 36

ASIF v DITTA AND ANOTHER

Private prosecutions – Fraud – Stay of proceedings – Appeal against a terminatory ruling – Costs.

[2021] Lloyd's Rep. FC Plus 38

R v SEED

Proceeds of Crime Act 2002 – Confiscation – Available amount – Possessory title.

[2021] Lloyd's Rep. FC Plus 39

FRENSHAM v FINANCIAL CONDUCT AUTHORITY

Financial Conduct Authority – Decision Notice – Non-financial misconduct – Fit and Proper test – Criminal convictions.

[2021] Lloyd's Rep. FC Plus 40