LLR: Financial Crime Plus

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 Plus 1

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

KOMISIA ZA PROTIVODEYSTVIE NA KORUPTSIYATA I ZA OTNEMANE NA NEZAKONNO PRIDOBITOTO IMUSHTESTVO v BP, AB 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 Plus 3

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

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 Plus 10

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 Plus 11

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 Plus 12

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