October 2, 2023
Cases
Dual criminality, forgery offences and extradition: useful review of forgery case law: Bellencs v Hungary [2023] EWHC 2235 (Admin).
Misconduct in public office is not a serious crime allowing use of traffic and location data retained for that purpose: AG v Lietuvos Respublikos generalinė prokuratūra Case C-162/22: EU:C:2023:631.
No rule of law requiring every alleged co-conspirator must be charged: Rowan [2023] EWCA 205 §§35-37.
BHQ [2023] EWCA Crim 1018: abuse of process ruling can go to CA on interlocutory application: useful analysis and review of authorities.
Guidance, Circulars, Reports and Consultations
The Register of Overseas Entities: a step forward for corporate transparency: CoHo. Blog: 26 Sep 23
Unexplained Wealth Orders: 2022-23 Annual Report – only one applied for in reporting period: HO 21 Sep 23.
JMLSG revisions to Part II Sector 22 of Guidance (Cryptoasset providers and wallets) approved by HM Treasury: JMLSG news release: 20 Sep 23
Ransomware, extortion and the cyber crime ecosystem: NMCSC (Nat Cyber Security Centre) / NCA: 11 Sep 23
Local authority administered COVID support schemes in England: Pub. Accs. C’tee: HC 1234 6 Sep 23: £22.6B distributed to small businesses by LAs: poorly targeted: failure of basic checks: less than 2% of estimated £1.1B lost to error and fraud recovered. Summary.
Tackling Fraud and Corruption against Government: HoC PAC 69th Report 2022-23: HC 1230: Report Summary: 8 Sep 23
News
Post Office Horizon IT inquiry: Recordings, transcripts, reports, evidence and key documents etc available on the POHITI website.
CPS:
• New DPP announced – Stephen Parkinson, former senior partner at Kingsley Napley as from 1 November: A-G’s Off./CPS: 14 Sep 23.
• Former company director found guilty of multi-million-pound fraudulent property selling scheme: 11 Sep 23.
NCA:
• More than 70 years in jail for money laundering and people smuggling network dismantled by the NCA: 15 Sep 23
SFO:
• Indonesia vows to sue UK over Airbus corruption probe settlement: F.T.: 29 Sep 23
• Nick Ephgrave QPM begins tenure as Director of the Serious Fraud Office: 25 Sep 23
• 4 individuals behind Patisserie Valerie collapse charged – “conspiring to inflate the cash in PV’s balance sheets and annual reports 2015 – 2018: 13 Sep 23.
• SFO Chief Capability Officer keynote speech at 2023 Cambridge Symposium: 4 Sep 23
Home
• 5 alleged Russian spies appear in London court allegedly conspired with Jan Marsalek, former CEO of Wirecard and fraud suspect: BBC News: 27 Sep 23. Wirecard fraud trial: BBC News: 8 Dec 22
• Jared O’Mara: Former MP fails in legal bid to appeal fraud sentence: BBC News: 26 Sep 23
• Ex-solicitor jailed for taking £2m client money to pay scammers: Law Soc Gaz. 25 Sep 23
• Trader Tom Hayes files appeal to overturn LIBOR rigging conviction relying on US Connolly and Black judgments and trial judge’s directions “wrong in law”: Investment Week: 21 Sep 23
• Post Office: Horizon scandal victims offered £600k compensation: BBC News 18 Sep 23
• Home improvement conmen jailed for £10.5m ‘cynical’ fraud: BBC News 9 Sep 23
• The 7 lives of the £2m fraudster: serial fake personae: assets of £351 confiscated: S.Times (paywall) 3 Sep 23.
• Drop case or you’re dead, detective told: 8 years for conspiracy to steal criminal property and threat to kill: The Times 1 Sep 23 (paywall).
EU
• Qatargate: Corruption probe unravels as defence kicks case to May –inquiry into Belgian lawyers handling of the investigation into EU Parliament corruption allegations: Politico: 19 Sep 23.
• Strasbourg MPs pass rules to ensure greater disclosure of their assets and meetings with interested representatives: Politico: 19 Sep 23.
Abroad
• Trump liable for business fraud, says judge in New York civil case: BBC News: 27 Sep 23
• Shakira accused of tax crimes for the second time allegedly by £5.8m: BBC News 26 Sep 23
• Cryptoqueen: Accomplice jailed for 20 years for OneCoin financial scam: UK/Swedish citizen pleaded to wire fraud and ML re $4B global pyramid scheme: BBC News: 13 Sep 23.
• Thodex cryptocurrency boss jailed for 11,196 years in Turkey for fraud re $43m losses: BBC News: 9 Sep 23
• Another FTX executive Ryan Salame pleads guilty and surrendered over $1.5B to US authorities: BBC News: 8 Sep 23