Fraud Newsletter 34 – August 2019
Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Group Forum UK)  UKSC 38. Third parties can apply for access to all or any documents placed before the court and referred to during the hearing, showing why they seek access and how it would advance the principle of open justice. It was then for the court to balance open justice against any risk of harm which might be caused by such disclosure.
Defence Case statement: examining statutory limitations (CPIA s6E(5)(b)) on adducing a defence statement. Statement may be admissible even if a defendant does not give evidence : legitimate challenges to the accuracy of the prosecution case where there had been a failure to comply with disclosure (later corrected) may not amount to a change of defence ; whether there has been a change of defence is for the jury : Duarte  EWCA 1466
Inferences to be drawn from silence: interesting observations re failure to given evidence on a case to answer before Medical Practitioner’s Tribunal: distinction between civil and criminal regimes: R (Kuzmin) v GMC  EWHC 2129 (Admin).
Ivey v Genting Casinos applied to s213 Insolvency Act 1986: Re Pantiles Investments Ltd (in liquidation) and Anor v Winckler  EWHC 1298 (Ch) re directors duties etc. Useful article – Paul Wright: Clarification of the law and practice of fraudulent trading claims: Aug 19
Passport Fraud not committed by a victim of trafficking and sexual exploitation: O  EWVA 1389.
Search warrants: criteria re who has first right to inspect and interrogate seized digital data after filtering out LPP material (examines historical development of the issue): A v B  EWHC 2089 (Ch). Prior arrest not required for s 47C, D-F POCA search and seizure warrants for realisable property: Chief Constable Manchester Police v Ali  EWHC 2213 (Admin).
SENTENCING AND CONFISCATION
Sentencing Guidelines on Corporate Offenders: Fraud, Bribery and Money Laundering not appropriate for unauthorised access to computer material (s1 Computer Misuse Act 1990): R (Pension Regulator) v Workchain Ltd  EWCA Crim 1422. (Westlaw)
Gamble:  EWCA Crim 600  2 Cr.App.R. (S) 30: 5½ years re fake e-tickets: 15 counts of fraud (£4,825) and 77 TICs [error in procedure corrected in CA] reduced to 4 years.
Maximum credit for Guilty pleas: indications BCM Forms at magistrates must be clear and unequivocal to attract maximum credit: Davids  EWCA Crim 553,  2 Cr.App.R. (S) 33.
BILLS, STATUTES & STATUTORY INSTRUMENTS
Data Protection Act 2018 (Commencement No. 2) Regulations 2019 SI No. 2019 1188: ss 93, 102-105 and s108 in force as from 16 Sept 2019.
CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS
Corporate co-operation Guidance: SFO, 6 Aug 19. Effectively collates previous statements.
Hearsay: Updated CPS Guidance for Prosecutors: 13 Aug 19
General Statement on international cooperation on cybercrime: by A-Gs for UK, US, NZ, Australia and Canada: 31 Jul 19.
SFO Leadership Review: HMCPSI 22 Jul 19: main finding, the focus on delivery of casework meant management was often neglected.
FCA: Market Watch 60 re control of access to inside information, following conviction of a compliance officer for insider trading: 1 Aug. 19; plan for phased implementation of anti-fraud SCA (Strong Customer Authentication): 13 Aug 19
NCA: AFOs obtained on 8 bank accounts totalling £100m: 14 Aug 19.