Fraud Newsletter 59 – September 2021
S303Z1(4) POCA applications for AFOs (Account Freezing Orders) can be heard in private on an inter partes or ex parte application at court’s discretion if the justification is sufficiently strong: R (Javadov) v Westminster JJs  EWHC (QB).
Review of refusal to pay successful private prosecutors costs out of central funds re selling counterfeit goods refused, where the prosecutor had contributed to the error and misstated the law re costs and judge later “declined to revisit unprepared and incomplete submissions”: R(TM Eye Ltd) v Southampton Crown Court:  EWHC 2624 (Admin).
SENTENCING AND CONFISCATION
Nothing of moment
BILLS, STATUTES & STATUTORY INSTRUMENTS
Nothing of moment
CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS
Response to the Law Commission Consultations on Corporate Criminal Liability Reform: Sep 21: Transparency Internat.
Anti-Bribery and Corruption Compliance Definition of Public Officials: Sep 21: UK Finance
Section 58A & 58B Pensions Act 2004 offences: 29 Sep 21: The Pensions Regulator (TPR)
- Criminal Offences Policy: guidance on investigation and prosecution of -“avoidance of employer debt” and “conduct risking accrued benefit schemes.”
- Criminal powers policy and update to Code 12: policy on how TPR will use its criminal powers
- Proposed approach to new powers (overlap between civil and criminal powers) and Consultation (closing on 21 Dec 21)
Introduction to SARs: UKFIU/NCA: 30 Sep 21.
- 70 months imprisonment for laundering £2.5m from 7 overseas investment frauds: 9 Sep 21.
- 28 months imprisonment for forging trust deed to minimise payments to victims on £16.9m restitution order: 24 Sep 21
- Director General of NCA announces retirement: Police Professional: 20 Sep 21
- SFO Probes O2 UK Over Violations of Anti-Bribery Laws and Regs: ISPreview: 6 Sep 21
- Former Balli Steel Execs Deny UK Fraud Charges: Law360: 13 Sep 21
- Petrofac charged with 7 offences s7 UKBA (failing to prevent bribery): 24 Sep 21. Pleas and sentencing adjourned to 1 Oct.: 27 Sep 21.
- SFO announces investigation into £150m investment schemes: SFO 29 Sep 21
- Dechert and lawyer Neil Gerrard accused of ordering hack on rival: F.T. 10 Sep 21
- High-flying lawyer jailed for £600,000 frauds: Law Gazette 13 Sep 21
- New landmark partnership with UAE to tackle illicit finance: Gov.uk 17 Sep 21
- British American Tobacco accused of arranging Mugabe bribe: City A.M. 13 Sep 21
- Law Officers sworn in: Dominic Raab as Lord Chancellor, Suella Braverman QC as Attorney General & Alex Chalk QC as Solicitor General: Gov News 23 Sep 21
- Gambling Commission fines EU Lotto £760k for social responsibility and ML failures: 23 Sep 21: GCom.
- Grant Thornton fined £2.3m for Patisserie Valerie audits: F.T 27 Sep 21
- Government to take over Southeastern after ‘serious’ breach of franchise: Guardian 28 Sep 21
- WPP pays $19 million in bribery settlement with U.S. SEC: 24 Sep 21: Reuters
- Dramatic rise in fraud and scam complaints in 1st Q 21/22: 24 Sep 21: Fin. Serv. Ombudsman.
EU & ABROAD:
- France fines U.S. bank JP Morgan $29.6 mln in tax fraud settlement: Reuters 2 Sep 21
- The scope of liability for failure to prevent economic crime: Horder and Watts  Crim. L.R. 851-865 (available on Westlaw).