Fraud Newsletter No. 79 May 2023

June 12, 2023

Fraud limitation period (i) runs from when C could have reasonably discovered the fraud (as found by the court rather than as claimed by C) and (ii) subsequent lies do not start new limitation period running unless they give rise to separate cause of action: Seedo v El Gamal [2023] EWCA Civ 330.
Percoco v. US 598 U. S. ____ (2023). US Supreme Court overturning bribery convictions based on DoJ overreach.
S213 Insolvency Act: a “party” to fraudulent trading is not restricted to someone with controlling or managerial functions: Tradition Financial Services Ltd v Bilta (UK) Ltd [2023] EWCA Civ 1122.

Sentencing & Confiscation
Consultations, guidance, circulars and reports

Why Fraud Statistics for the last decade tell a more nuanced and positive story than you might expect: Int. Banker: 30 May 23

Card fraud in Europe declined notably in 2021 amid the implementation of regulatory measures: ECB Report: 26 May 23: Updated Press Release summary

Fraud Strategy: stopping scams and protecting the public: Home Off. Policy Paper: CP 839: 24 May 23

A Standard for the Counter Bribery and Corruption Professional: PSFA (Public Sector Fraud Authority): 19 May 23

Principles on Digital Assets and Private Law: adopted at 102nd Session of UNIDROIT Governing Council: 10 May 23

Final report of the Financial Remedies Court (FRC) Sub-Group of the Transparency Implementation Group: C&TJ: 18 May 23

Draft code of practice issued under s339ZL POCA & s22F Terrorism Act 2000 about certain information orders: MoJ: 16 May 23. Consultation Document

Fraud and error in the benefit system: FYE 2023: 11 May 23:DWP

Annual Fraud Report: UKFinance: 10 May 23. Press release Summary

Follow-up inspection of the SFO – case progression: HMCPSI: 4 May 23. Press Release summary

Fraud Strategy: Stopping Scams and Protecting the Public: HM Gov, 3 May 23.

Preventing the use of SIM farms for fraud: consultation: closes 14 June): Home Office CP 843: 3 May 23

Economic Crime Survey 2020: Home Off: 3 May 23

Anti-corruption: Stronger rules to fight corruption in the EU and worldwide: Eur. Comm. 3 May 23

The National Fraud Strategy: A new approach to combatting fraud: NFSA (Nat. Fraud Strategic Authority) 3 May 23: includes outlawing SIM farms; ban on financial product cold calls; anti-telephone number spoofing measures. CoLP remains the “Lead Force”. Annual cost of UK fraud estimated at £14B pa (£6.5B in public sector).




  • Crime bosses jailed for supplying fraudulent passports to UK criminals: 8 ,6 and 3 year sentences: 16 May 23; BBC News 16 May 23.


EU & Abroad