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Fraud Newsletter 53 - March 2021

Fraud Newsletter 53 March 2021 (31 downloads)

CASES

The period, quantity and nature of personal data sought by prosecutors from service providers are irrelevant considerations re Art. 15(1) of the E-Privacy Directive (2002/58/E) (restricting citizen’s privacy and confidentiality rights re e-communications: HK v Prokuratuur Case C-746/18) EU: C:2021:152 (prelim ruling).

€3.5m summary judgment in multi-jurisdictional €15m fraud (€11.5m already recovered) – a striking illustration of the assistance which this Court is able to give a defrauded party: Foglia v The Family Officer Ltd & Ors [2021] EWHC 650 (Comm).


SENTENCING AND CONFISCATION

Default sentences imposed for joint hidden assets confiscation order are personal: discounts are allowed for monies paid, but not for time served by others: Collins [2021] EWHC 634 (Admin).


BILLS, STATUTES & STATUTORY INSTRUMENTS

Money Laundering and Terrorist Financing (Amendment) (High-Risk Countries) Regulations 2021 S.I. 2021 No. 392 amends SI 2017 No. 692 replacing the European Commission list with new schedule (3ZA) of high-risk countries.


CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

Complex casework Units: How effective and efficient are Complex Casework Units in identifying and managing their casework? HMCPSI 2 Mar 21.

Guidance for anti-money laundering supervisors on submitting better quality SARs: NCA update: 8 Mar 21

Independent Review of Serious and Organised Crime:

Home Office 16 Mar 21 involving restructuring of agencies; creation of a UK and Regional Crime Campuses; new NCA functions

Anti-Money Laundering Supervision annual assessment: HMRC Corporate Report: 17 Mar 21.

Money laundering and terrorist financing controls in overseas jurisdictions: HM Treasury Advisory Notice: Updated 24 Mar 21.

UK Finance Fraud – The Facts 2021: The definitive

Overview of Payment Industry Fraud: UK Finance: 25

Mar 21.

Cyber Security Breaches Survey 2021: DDCMS 24 Mar

  • 27% businesses experience cyberattacks at least weekly: phishing attacks are the most common (83%) followed by impersonation (27%). 20% of attacks result in loss of data, money or assets; 35% of businesses negatively impacted. Average mean cost of cyber breaches £8,460: average cost £13,400.

Guidance for applying a Risk-Based Approach to AML/CFT Supervision: FATF updated 4 Mar 21: Summary. Public Consultation announced on changes to its Guidelines on Risk-based AML/CFT supervision following reports that EU supervisors were finding implementation difficult: Consultation paper: 17 Mar 21

Opinion on the ML/TF risks affecting the EU’s financial sector: EBA: 3 Mar 21. EBA Press Release summary

The ML/TF Risk Factor Guidelines: EBA Final Report: 1 Mar 21. EBA Press Summary

Trade-Based  Money  Laundering  Risk  Indicators:

FATF/ Egmont Group: 11 Mar 21.

International Judicial Cooperation in Intellectual Property Cases: Study on Legislative Measures re Online Intellectual Property Infringements Phase 2:

EUIPO 15 Mar 21 re IP infringement, counterfeiting etc.


NEWS

CPS:

CPS launches ambitious plan to combat economic crime: 30 Mar 21.

CPS 2025 Economic Crime Strategy: 30 Mar 21.

FCA:

Locking Down Market Abuse: Speech by Mark Steward, Executive Director of Enforcement and Market Oversight, at the Expert Forum: Market Abuse 25 Feb 21. Published 8 Mar 21.

 FCA starts criminal proceedings against NatWest under MLR 2007 for failing adequately to monitor and scrutinize £365m paid into one customer account of which £264m in cash) and BBC News: 16 Mar 21.

Campaign to encourage individuals to report wrongdoing: and Whistleblowing: Speaking to the FCA: (a digital toolkit) 24 Mar 21

 NCA:

 NCA concludes pre-investigative review of allegations of fraud by HBOS Impaired Assets Division, London and SE Region: 23 Mar 21: no clear evidence of criminal offending.

SFO:

Fourth oil executive sentenced for paying bribes to win a multi-million pound contract in post-occupation Iraq: 1 Mar 21.

 SFO  closes  investigation  into  KBR  Inc.’s  UK subsidiaries which started in April 2017: 18 Mar 21. NB: on 5 Feb. 21 R (KBR) v Director SFO [2021] UKSC 2 decided that that CJA 87 has no extra-territorial reach.

Ex-Glencore Trader Pleads Guilty to Manipulating Oil Prices before US Court: Blomberg: 24 Mar 21.

 Ex-directors in dock as Serco tagging fraud trial opens: Law Soc. Gazette: 30 Mar 21

HOME:

Major general guilty of Dorset school fees fraud:

 BBC News 25 Mar 21. First major general to be convicted since 1815 for abandoning siege guns at Tarragona. Sentenced to 21 months: BBC News: 26 Mar 21.

Fraud suspect extradited to UK re alleged 13.7m pensions fraud: 1st time TPR has worked with police to secure extradition: The Pensions Regulator: 20 Mar 21

 Pension schemes urged to step up reporting to stop scammers: TPR 25 Mar 21.

 Mastercard (and) rivals ‘ran cartel’ on cards for the vulnerable: Reuters: 31 Mar 21.

 EU & ABROAD:

 Nicholas Sarkozy sentenced to 3 years jail for corruption (2 years suspended) for attempting to bribe a judge in 2014: BBC News: 1 Mar 2021.


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Fraud Resources

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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