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Fraud Newsletter 42 - April 2020

Fraud Newsletter No.42 April 2020 (87 downloads)


Admission of co-defendant’s plea in closed conspiracy: restatement of principles: Horne [2020] EWCA Crim 487

Conspiracy: a  useful  restatement  of some  basic

principles: Johnson & Ors [2020] EWCA 482.

Ivey affirmed and applicable to conspiracy to defraud: Barton and Booth [2020] EWCA Crim 575 (a special 7 judge Court). . Note: if the means or objective is civilly, albeit not criminally unlawful, a jury who thinks what was agreed was dishonest can now convict despite the conspirators’ correct assertion and belief that what they intended did not amount to a substantive criminal offence. The court recognised that a number of issues usefully summarised by Professor David Ormerod and Karl Laird (UK SC Yearbook 2018 Vol 9 pp 1-24) still need to be addressed as cases are tried: Barton para 109.

 UWO’s overturned on appeal: mere use of complex offshore structures is not without more sufficient to infer money laundering as lawful reasons can exist e.g. privacy, security and tax mitigation: NCA v Baker [2020] EWHC 822 (Admin). The NCA are appealing: 8 Apr 20: NCA Press release.


Ghafoor [2019] EWCA Crim 184 [2020] 1 Cr.App.R.(S) 48: 4 years 11 month upheld for laundering 5 transactions worth £550k. Trial sentence based on 6 transactions/ £650k – made little difference. Still Cat 3. And not manifestly excessive.

Dines and Others: [2020] EWCA 552: a pattegiamento (agreed disposal of a criminal case) is a conviction under Italian law and under POCA 20(02 (External Requests and Orders) Order 2005, Article 21(2) and subsequent confiscation orders may be enforced here.

Confiscation: Tainted Gift includes monies transferred from a joint account monies by a wife into her own account as the transfer was without consideration: Thakor [2020] EWCA Crim 541 (Westlaw).

Certificate of Inadequacy granted where equity in only remaining unrealised asset fell far short of balance due: D warned of need to improve evidence when seeking variation before Crown Court: Ojebode [2020] EWHC 923 (Admin).


Nothing of moment


Corruption could cost lives in Latin America’s response to the Coronavirus: Transparency International: 31 Mar 20 pointing out emergency measures are bypassing the usual checks and balances causing serious corruption risks and setting out Public Procurement during States of Emergency: Minimum requirements to ensure the integrity of Contracts awarded during crises.

Coronavirus: changes to insolvency rules to help businesses: HoC Library Briefing Paper No. 8877, 31 Mar 20 – temporary suspension of wrongful trading under s214 Insolvency Act 1986 (to be retrospective as from 1 March 20) as per Chancellor’s statement of 25 Mar 20.

Covid-19 and preventing Money Laundering/ Terrorist Financing in Legal Practices: LSAG 15 Apr 20.

COVID-19: A perfect storm for the corrupt? 22 Apr 20 Transparency International

FCA’s Business Plan 2020/21: 9 Apr 20.

Forensic science providers: Codes of practice and

Conduct, 2020: Forensic Science Regulator: FSR-C 100 Issue 5: 22 Apr 20 replacing 2017 Codes.

NCA: National Plan 2020-21: 7 Apr 20

NCA: National Strategic Assessment of Serious and Organised Crime 2020: 3 Apr 20. Cyber crime, Fraud, Money Laundering and Corruption: pp 44-59.

Panama    Papers    Four    Years    On:     Anonymous  Companies     and     Global    Wealth:     Transparency International: 9 Apr 20.

Pandemic Profiteering: how criminals exploit the  Covid-19 crisis: 27 Mar 20: Europol

The   Wolfsberg    Group    CBDDQ    (Correspondence Banking Due Diligence Questionnaire) is being updated: WG 17 Apr 20.

Standard Chartered fined £20.47m for violating Russian Sanctions: the highest penalty imposed to date by the UK’s Office of Financial Sanctions Implementation (OFSI): 2 Apr 20. OFSI Report.

Patchy Progress in setting up Beneficial Ownership Registers in the EU: Global Witness: 20 Mar 20.

Tesco’s DPA (10 April 17) fulfilled and now discontinued: SFO Press release: 10 Apr 20.


Wrongful Trading: temporary suspension of wrongful trading    under    s214     Insolvency   Act     1986     to     be  retrospective  as  from  1  March  2020:  Chancellor’s statement: 25 Mar 20.

DoJ’s first enforcement action against COVID-19 fraud:  false COVID-19 vaccine kits offered for internet sale: 22 Mar 20

DoJ’s COVID-19 Hoarding and Price Gouging Task Force seize PPE including 192k N95 respirator masks: 2 Apr 20.

Transparency International letter to IMF 8 Apr 20, requesting  IMF  maintain  its  commitments  to  stem corruption in respect of its emergency £1trillion COVID-19 relief funding.

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Tony Shaw QC

These monthly Fraud Newsletters are a very succinct summary of fraud cases and matters which have occurred in the preceding four weeks. Their aim is let you check that you have missed nothing of importance. If you need more detail it can be obtained by using the hyperlinks. The newsletters are as opinion free as possible!

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