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Fraud Newsletter 40 - February 2020

Fraud Newsletter No. 40 February 2020 (97 downloads)


Article for use in connection with fraud: s1 Fraud Act 2006 includes documents made afterwards to cover up the fraud: Smith [2020] EWCA Crim 38 (Westlaw).

Intention in statutory conspiracy for people smuggling: s25(1) Immigration Act 1971 conspiracy mens rea requires knowledge or intention to smuggle non-EU citizens: reasonable grounds to believe as for the substantive offence is not enough: Ali (Arie) [2019] EWCA Crim 2448 (Westlaw).

LPP: (i) whether Parliament intended to override LPP depends on wording of statute under consideration: Morgan Grenfell [2002] UKHL 21, [2003] 1 AC 563 and B v Auckland [2003] UKPC 38, [2003] 2 AC 73; (ii) Lord Hoffman’s dicta in Morgan Grenfell [§32] is not authority for the existence of a no infringement exception to LPP or for the application of a lower threshold for implying a statutory override where any infringement is technical; (iii) non-privileged documents do not become privileged by being attached to privileged emails: Sports Direct International v FRC [2020] EWCA Civ 177.

Recovery of private fraud prosecution costs: test is reasonableness of overall claim: inability to find suitable local solicitors was a relevant factor when instructing London firms: Fuseon Ltd v Senior Courts Costs Office [2019] EWHC 126 (Admin).

UWOs (Unexplained Wealth Orders): privilege against self-incrimination and spousal privilege do not apply: definition of “politically exposed person” and “state owned enterprise” examined: POCA s362B(4)(a) and Directive 2015/849 art. 3 considered: Hajiyeva v NCA [2020] EWCA Civ 108.

Detained cash/frozen fund investigation or order does not of itself effect the extent of a s357(2) POCA disclosure order: In re NCA [2020] EWHC 268 (Admin).

Civil recovery investigation disclosure order (s 358 POCA) available ex parte where there is a risk of destruction of evidence and dissipation of assets if R alerted to the nature of information sought: HMRC v B [2019] EWHC 3207 (Admin) (Westlaw). Criticised in CLWeek 20/7/2


SC grant leave to appeal in CPS v Aquila Advisory Ltd [2019] EWCA Civ 588.
Consultation on revisions to the Attorney General’s Guidelines on Disclosure and the CPIA Code of Practice: 8 wk consultation closing on 22 Apr: 26 Feb 20.

EBA Consultation paper on Draft Guidelines on AML and terrorist financing risks and customer due diligence for credit and financial institutions: EBA 5 Feb 20. Consultation closes 5 May 20.

EU adds Cayman Islands to non-cooperative jurisdictions for tax purposes: EU Press Release 18: Feb 20

EU blacklists UK’s crown jewel tax haven while letting other tax havens off the hook TJN 18 Feb 20.

Financial Secrecy Index 2020: Tax Justice Network: 18 Feb 20. Progress on global transparency, but backsliding from US, Cayman and UK. TJN summary: 18 Feb 20

Prosperity Fund business case: Global Anti-Corruption Programme: Cabinet Office, FCO, HMT, NCA & others updated 24 Feb 20.

Money Laundering and Terrorist Financing controls in higher risk jurisdictions: updated 24 Feb 20.

Towards a new comprehensive approach to preventing and combating money laundering and terrorism financing: EC Roadmap: 12 Feb 20. Feedback required by 11 Mar 20.

Guidance on Prevention of money laundering/ combating terrorist financing: updated summary. JMLSG: 3 Feb 20: Full revised current Guidelines.

Proliferation Finance Survey: RUSI-ACAMS: 8 Feb 20.


Nothing of moment.

Anti-money laundering and countering the financing of terrorism: Fact sheet on European Banking Authority’s new role: EBA: 5 Feb 20.

Correct Appeals Procedure for Crim. Appeals Office – Reminder: Reminder to use updated Part 39 CPR and appropriate forms: HMCTS: 13 Jan 20

Corruptions Perception Index 2019: Transparency International: 23 Jan 20. Summary and highlights.

Competent authorities’ approaches to the anti-money laundering and countering the financing of terrorism supervision of banks: EBA Report: 5 Feb 20.

Cross-Government Fraud Landscape Annual Report 2019: Cabinet Office: 12 Feb 20. Contents Summary

Fraudsters targeted in new national law enforcement campaign: Project Otello: NCA 4 Feb 20.

FCA Speeches by Mark Steward, Ex. Dir of Enforcement & Market Oversight: Market integrity and strategic approach: 7 Feb 20; Penalties, remediation, and our General Principles: 13 Feb 20.

Ex Charity head convicted of defrauding charity pension scheme out of more than £250k: prosecuted by The Pensions Regulator: 5 year sentence: TPR 10 Feb 20.

Luanda Leaks: ICIJ investigation and report into 715,000 records data set into daughter of former Angolan President facing fraud charges and embezzlement of huge sums. Angolan government reportedly trying to recover $1.1B: ICIJ; 3 Feb 20.

Number of live Corporate Criminal Offences Investigations (CCO) for failure to prevent facilitation of tax evasion: HMRC FOI release 10 Feb 20. 30 cases under investigation or review.

National Trading Standards landmark case: Ticket touts making about £6m profit over 2.5 years jailed for 4 and 2½ years: BBC News 24 Feb 20.


Amber Alert to The MSB Sector and Reporting Suspicious Activity: NCA, CoLP, HMRC, FAC and NECC: 12 Feb 20

Banker’s wife loses UWO appeal: must account for spending including £16.3 m at Harrods over 10 years: FT 5 Feb 20

SFO Barclays trial: all defendants acquitted after 5 hour jury retirement: BBC News 28 Feb 20.

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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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