Fraud Newsletter 42 – April 2020

CASES

Admission of co-defendant’s plea in closed conspiracy: restatement of principles: Horne [2020] EWCA Crim 487

Conspiracy: a  useful  restatement  of some  basic

principles: Johnson & Ors [2020] EWCA 482.

Ivey affirmed and applicable to conspiracy to defraud: Barton and Booth [2020] EWCA Crim 575 (a special 7 judge Court). . Note: if the means or objective is civilly, albeit not criminally unlawful, a jury who thinks what was agreed was dishonest can now convict despite the conspirators’ correct assertion and belief that what they intended did not amount to a substantive criminal offence. The court recognised that a number of issues usefully summarised by Professor David Ormerod and Karl Laird (UK SC Yearbook 2018 Vol 9 pp 1-24) still need to be addressed as cases are tried: Barton para 109.

 UWO’s overturned on appeal: mere use of complex offshore structures is not without more sufficient to infer money laundering as lawful reasons can exist e.g. privacy, security and tax mitigation: NCA v Baker [2020] EWHC 822 (Admin). The NCA are appealing: 8 Apr 20: NCA Press release.

SENTENCING AND CONFISCATION

Ghafoor [2019] EWCA Crim 184 [2020] 1 Cr.App.R.(S) 48: 4 years 11 month upheld for laundering 5 transactions worth £550k. Trial sentence based on 6 transactions/ £650k – made little difference. Still Cat 3. And not manifestly excessive.

Dines and Others: [2020] EWCA 552: a pattegiamento (agreed disposal of a criminal case) is a conviction under Italian law and under POCA 20(02 (External Requests and Orders) Order 2005, Article 21(2) and subsequent confiscation orders may be enforced here.

Confiscation: Tainted Gift includes monies transferred from a joint account monies by a wife into her own account as the transfer was without consideration: Thakor [2020] EWCA Crim 541 (Westlaw).

Certificate of Inadequacy granted where equity in only remaining unrealised asset fell far short of balance due: D warned of need to improve evidence when seeking variation before Crown Court: Ojebode [2020] EWHC 923 (Admin).

BILLS, STATUTES & STATUTORY INSTRUMENTS

Nothing of moment

CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

Corruption could cost lives in Latin America’s response to the Coronavirus: Transparency International: 31 Mar 20 pointing out emergency measures are bypassing the usual checks and balances causing serious corruption risks and setting out Public Procurement during States of Emergency: Minimum requirements to ensure the integrity of Contracts awarded during crises.

Coronavirus: changes to insolvency rules to help businesses: HoC Library Briefing Paper No. 8877, 31 Mar 20 – temporary suspension of wrongful trading under s214 Insolvency Act 1986 (to be retrospective as from 1 March 20) as per Chancellor’s statement of 25 Mar 20.

Covid-19 and preventing Money Laundering/ Terrorist Financing in Legal Practices: LSAG 15 Apr 20.

COVID-19: A perfect storm for the corrupt? 22 Apr 20 Transparency International

FCA’s Business Plan 2020/21: 9 Apr 20.

Forensic science providers: Codes of practice and

Conduct, 2020: Forensic Science Regulator: FSR-C 100 Issue 5: 22 Apr 20 replacing 2017 Codes.

NCA: National Plan 2020-21: 7 Apr 20

NCA: National Strategic Assessment of Serious and Organised Crime 2020: 3 Apr 20. Cyber crime, Fraud, Money Laundering and Corruption: pp 44-59.

Panama    Papers    Four    Years    On:     Anonymous  Companies     and     Global    Wealth:     Transparency International: 9 Apr 20.

Pandemic Profiteering: how criminals exploit the  Covid-19 crisis: 27 Mar 20: Europol

The   Wolfsberg    Group    CBDDQ    (Correspondence Banking Due Diligence Questionnaire) is being updated: WG 17 Apr 20.

Standard Chartered fined £20.47m for violating Russian Sanctions: the highest penalty imposed to date by the UK’s Office of Financial Sanctions Implementation (OFSI): 2 Apr 20. OFSI Report.

Patchy Progress in setting up Beneficial Ownership Registers in the EU: Global Witness: 20 Mar 20.

Tesco’s DPA (10 April 17) fulfilled and now discontinued: SFO Press release: 10 Apr 20.

NEWS

Wrongful Trading: temporary suspension of wrongful trading    under    s214     Insolvency   Act     1986     to     be  retrospective  as  from  1  March  2020:  Chancellor’s statement: 25 Mar 20.

DoJ’s first enforcement action against COVID-19 fraud:  false COVID-19 vaccine kits offered for internet sale: 22 Mar 20

DoJ’s COVID-19 Hoarding and Price Gouging Task Force seize PPE including 192k N95 respirator masks: 2 Apr 20.

Transparency International letter to IMF 8 Apr 20, requesting  IMF  maintain  its  commitments  to  stem corruption in respect of its emergency £1trillion COVID-19 relief funding.