Fraud Newsletter 41 – March 2020
Applications for Interim Freezing Orders (IFOs) and UWOs: presumptive starting point – such hearings should be heard in private: issues considered: NCA v Hussain EWHC 432 (Admin).
Ambit of s357(2) POCA (disclosure orders) and meaning of “in relation to” an ML investigation: Re NCA EWHC 268 (Admin).
Corporate Criminal Liability: identified individuals were not directing minds of the Bank: SFO v Barclays plc and ors  EWHC 3055 (QB).
Construction of s2 Fraud Act2006 and Directors Representations as to the accuracy of corporate statements might render them criminally liable where those statements are false:Varley  EWCA Crim 1074.
Extradition to US for Mortgage Fraud refused: material omission – failure to consider culpable delay had led to requested person’s reasonable expectation that that there would be no extradition request: Eason v USA EWHC 604 (Admin).
LPP Fraud Exception: examines the principles, authorities and standard of proof: Addlesee v Dentons Europe LLP  EWHC 238 (Ch).
SENTENCING AND CONFISCATION
Conspiracy to make or supply articles for use in fraud: 9 years after trial for making& supplying thousands of false documents, identity cards etc.Kalinins EWCA Crim 1973,  1 Cr.App.R. (S) 28 (Westlaw).
Conspiracy to steal:fake robbery of betting shop. Sentences reduced and suspended on appeal in light of strong personal mitigation: Hussain EWCA Crim 1542,  1 Cr.App.R (2) 32 (Westlaw).
BILLS, STATUTES & STATUTORY INSTRUMENTS
Sentencing (Pre-consolidating Amendments) Bill2020to facilitate enactment of Law Commissions proposed Sentencing Code (as to which: (i) Law Comm. Report Vol 1; (ii) Summary of Report; (iii) Executive Summary.
Investigatory Powers (Temporary Judicial Commissioners and Modifications of Time Limits) Regulations 2020 S.I. No. 236: bringing into force Coronavirus Act 2020powers: time limits for urgent warrants under Investigatory Powers Act 2016 increased (approval – 9 days, validity – 12 days).
CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS
AML Consultation: Cryptoasset exchange providers and custodian wallet providers: proposed text for AML and CFT guidance for financial sector: 17 Mar 20
Fraud and Economic Crime – an evolving Challenge: 2020: UK Findings: PWC’s Economic and Crime Survey: Feb 20. 24% corporate frauds committed internally with 17% internal collusion with outsiders. 78% internal fraud committed by senior or middle management. Cybercrime is most disruptive.
Fraud control in emergency management: COVID-19 UK Government guidance:Cabinet Office 26 Mar20.
Insights from Cyber Coordination Groups:examining cyber risks including emerging and future trends and responses to them: FCA 11 Mar 20.
Addressing impunity for grand corruption: what are the options?: ideas for reforms including extending the ICC’s jurisdiction: regional anticorruption courts; new international enforcement agenciesetc: Transparency International: 2 Mar 20.