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Fraud Newsletter 51 - January 2021

Fraud Newsletter 51 January 2021 (19 downloads)

CASES

Professional embarrassment requiring withdrawal requires a truly material change of instructions, which should be recorded and preferably signed and dated by D: Daniels [2021] EWCA Crim. 44

Conspiracy “together and/or with persons unknown” permits finding one D guilty even if no co-Ds are convicted: Gates [2021] EWCA Crim 66.

Binoku [2021] EWCA Crim 48 re judicial interventions: if made by gestures or facial expressions, counsel should ask jury to retire and raise the matter.

Guidelines on procedure to be adopted when allowing an appeal on one ground (unopposed) but other grounds outstanding: Hamilton v Post Office [2021] EWCA Crim 2.1

SENTENCING AND CONFISCATION

Review of totality principles (5 judge court): question of substance not form: Bailey [2020] EWCA Crim 1719.

BILLS, STATUTES & STATUTORY INSTRUMENTS

European Union (Future Relationship) Act 2020: Part 1 deals with convictions, mutual assistance, requests for information, criminal records etc.

Financial Services Bill 2019-21: second reading in Lords: includes market abuse reforms: current Explanatory Notes

Forensic Science Regulator Bill 2019-21: at Report

stage: Explanatory Notes

Agreement between UK and the Swiss on Police Cooperation: CP 369: 20 Jan 21 (re serious crime: includes the SFO): Explanatory Memorandum: 14 Jan 21.

CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

Changes to bodies granted investigatory and other powers under POCA: Home Office Consultation to extend POCA powers to The Service Police, Maritime and Coastguard Agency; ICO; Department for the Economy; London Fire Brigade: 28 Jan 21. Consultation ends 19 Mar.

Forensic Science Regulator Annual Report 2020: 13 Jan 21. Urgent need for fundamental change.

Unexplained Wealth Orders: HoC Briefing Paper No

CBP 9098: 8 Jan 21

The implications of the end of the Brexit transition period on the JMLSG Guidance: effect of Brexit on MLR obligations on regulated firm: JMLSG note: 14 Jan 21.

Mutual  Legal  Assistance  (MLA)  Requests: Home

Office: updated 14 Jan 21.

European  Investigation  Orders  (EIOs)  Requests:

Home Office: updated 14 Jan 21.

Extradition:  processes  and  reviewHome  Office:

updated 14 Jan 21.

Anti-money laundering guidance for the legal sector:

Law Society: 20 Jan 21.

White Collar Crime and Investigations SFO

Enforcement Report: Mischon de Reya: 26 Jan 21

What can we expect from the SFO in 2021? 2020 SFO Enforcement Round-Up: Individuals 2020 SFO Enforcement Round-Up: Corporates

Corruptions Perceptions Index 2020:  Transparency Int: 28 Jan 21.

NEWS

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Volaw Trust Summary

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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