Fraud Newsletter 19 – May 2018

CASES

Jurisdiction: jurisdiction is conferred in Group A offences (CJA 1993) where the relevant event occurs within the jurisdiction. For blackmail that entails a demand with menaces sent either from or to a place in England and Wales: Pogmore [2017] EWCA 925, [2018] 2 Cr.App.R. 2.

Private Corporate Fraud summons quashed: prosecutor failed to disclose material to enable court to decide whether the application was an abuse:  R(K) v Leeds Mags [2018] EWHC 1233 (Admin); [2018] 4 W.L.R. 91.

Solicitor Tribunal Application to adjourn solicitor disciplinary proceedings pending outcome of £21m fraud trial refused: sol. struck off, possibility of prejudice remote and trial judge could deal with any adverse publicity: SRA v Denton Sol. Disc. Tribunal 11717-2017, 18 Apr 18.

SENTENCING AND CONFISCATION

Confiscation and double recovery on tax: POCA benefit is not the same as “taxable profits”. D must show when assessed that any confiscation figure includes tax liabilities; the issue of double recovery should be raised at the enforcement stage, not on a challenge to assessment, and certainly not without evidence to show the assessment was incorrect: Higgins v NCA [2018] UKUT 14 (TCC), [2018] Lloyds Rep FC. 164.

Hidden Assets: D leading role in 10 month large scale drug conspiracy, benefit of £2.34m based on value of cocaine he supplied. 10 years in default. D called no evidence, thus failed to discharge burden of proof.  Judge entitled to ignore notional unstated expenses and conclude hidden assets based on rich life-style: Gricevicius (Giedrius) [2018] EWCA Crim 1061.

BILLS, STATUTES & STATUTORY INSTRUMENTS

Data Protection Act 2018 finally enacted 23 May 2018. Data Protection Act 2018 (Commencement No 1 and Transitional and Saving Provisions) Regulations 2018 (S.I. No. 625) brings majority of provisions into force on 25 May 18.

Fifth Money Laundering Directive (MLD5) adopted by EU, 14 May 18.

CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

Bribery Committee (House of Lords) to consider working of Bribery Act 2010 and report by 31 Mar 19, 17 May 18. See also Bribery Act Committee webpage.

ICO Consultation on draft Regulatory Action Policy 9 May 18.

Guide to Commencing Proceedings in the Court of Appeal Criminal Division: Apr 18, replacing 2008 Guide.

NEWS

Barclays Qatar case: SFO charges against Barclays dismissed. SFO reviewing its position. Charges still currently exist against 4 accused, 22 May 18.

National Strategic Assessment of Serious and Organised Crime NCA Report, 13 May 18.

Paradise Papers: In case you have missed it, the Panama Papers have been augmented by the Paradise Papers.  ICJU Offshore leaks database.

Private Prosecutors Association launched: The PPA will be publishing a (non-mandatory) Code to provide general guidance to practitioners.

Reducing the risk of wholesale payments fraud related to endpoint security: Report by BIS -Committee on Payments and Market Infrastructures, May 2018.