Fraud Newsletter 63 – January 2022

February 2, 2022

Fraud Newsletter 63 – January 2022

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[su_spoiler title=”CASES” open=”yes” style=”default” icon=”plus” anchor=”” class=””]

Nothing of note

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[su_spoiler title=”SENTENCING AND CONFISCATION” open=”no” style=”default” icon=”plus” anchor=”” class=””]

Realisable assets include net salary and occupational pensions (gross cash equivalent transfer value): Asplin [2022] EWCA 9 (conspiracy to defraud employers).

Andrewes [2020] EWCA 1055 (Westlaw): D employed as a result of misleading statements re qualifications etc. but gave competent full value service – confiscation based on total earnings: appeal allowed as outcome disproportionate: leave granted to SC: 16 Nov 21.

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[su_spoiler title=”BILLS, STATUTES & STATUTORY INSTRUMENTS” open=”no” style=”default” icon=”plus” anchor=”” class=””]

Judicial Review and Courts Bill at Report stage: contains measures to realise potential of CVP (see Fact Sheet pp 1, and 2-3). House of Commons Research Briefing: 12 Oct 21

Draft Money Laundering and Terrorist Financing (Amendment) Regulations 2022 come into force on 9 Mar 22 amending the ML, TF and Transfer of Funds (Information on the Payer) Regs 2017.

National Security and Investments Act 2021: in force 4 Jan 22. Establishes regime for government intervention in acquisitions to protect national interest.

Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021: s2 amends s6 Company Directors Disqualification Act 1986 to allow disqualification of directors who dissolve companies to avoid paying their liabilities.

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[su_spoiler title=”CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS” open=”no” style=”default” icon=”plus” anchor=”” class=””]

Nature of crime: fraud and computer misuse: (for y/e Mar 21) Office for National Statistics: 27 Jan 22. [Investment fraud jumped 42%]
Corruption Perceptions Index 2021: Transparency International: 25 Jan 22

Closing the UK’s economic crime enforcement gap: Proposals for boosting resources for UK law enforcement to fight economic crime: Spotlight on Corruption: 24 Jan 22. (contains useful review of fraud data) Executive Summary

2021 Economic Crime Summary: BDO UK: 20 Jan 22

2022 cyber security incentives and regulation review: DDCMS: 19 Jan 22.

Framework for transparent and accountable asset return: Home Office: 13 Jan 22: policy and principles providing transparent insight into government decision making on returning proceeds of crime: Press Summary

2020 Enforcement of the Anti-Bribery Convention: Investigations, Proceedings, and Sanctions: OECD WGB: 23 Dec 21.

The Challenges and Opportunities Created by Digital Evidence in Criminal Cases: Speech by Dame Victoria Sharp published 5 Jan 22.

Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime etc: Thematic Review re Corporate Liability: CoE: 20 Jan 22 (shortfalls etc of UK corporate identification principles).

Evidence of Attorney General to Justice Committee on 25 Jan 22. Key parts dealing with SFO budget, relationship with Director of SFO, Unaoil judgment and AG’s review and Economic Crime Bill are at [15:10 to 15:26]

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[su_spoiler title=”NEWS” open=”no” style=”default” icon=”plus” anchor=”” class=””]

FCA:

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