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Fraud Newsletter 61 November 2021

Fraud Newsletter No. 61 November 2021 (11 downloads)

CASES

English jurisdiction over Scottish matters: either country may exercise jurisdiction where the relevant conduct was committed partly or harm caused occurred partly within it: R (Palmer) v Northern Derbyshire MC [2021] EWHC 3013 (Admin).

Ticket Touting and Fraud: appeal dismissed: court rulings on novel points re ticket touting: sentences of 4 and 2½years upheld: Hunter and Smith, [2021] EWCA Crim 1785: Official Summary.


SENTENCING AND CONFISCATION

Barrister’s discretionary life sentence for conspiracy to pervert the course of justice manifestly excessive – 10 years substituted: Ahmed [2021] EWCA Crim 1786.

Confiscation order quashed where judge failed to give reasons for rejecting witness evidence: Ruto [2021] EWCA Crim 1669 [Westlaw].

POCA s303Z(4) application without notice for account freezing order: criteria for private hearings: R. (Javadov) v Westminster JJ [2021] EWHC 2751 (Admin).

Directors’ fraud not attributed to company in confiscation proceedings: company’s proprietary claim against directors acting in breach of fiduciary duty not superseded by POCA where company not charged with fraud: CPS v Aquilla Advisory Ltd [2021] UKSC 49.


BILLS, STATUTES & STATUTORY INSTRUMENTS

National Security and Investment Act 2021 (Monetary Penalties) (Turnover of a Business) Regulations 2021 re maximum permitted penalties under s41 NSIA.

Money Laundering and Terrorist Financing (Amendment) (No 3) (High-Risk Countries) Regulations 2021 SI 2021 No 1218: high-risk countries for the purposes of enhanced due diligence under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (Reg 33)9), now include Jordan, Mali and Turkey, but no longer include Botswana and Mauritius.


CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

2020 Government Defence Integrity Index (GDI): Trans. Internat. Defence & Security: 16 Nov. 21: Summary.

Insolvency Service Annual Report 2020-21: 10 Nov 21: 143 prosecutions: 146 live co. investigations: 981 directors disqualified for misconduct.

Anti-money laundering and counter-terrorist financing: Supervision Report 2019-20: HM Treasury: 19 Nov. 21

Pandora papers, money laundering and corruption: In Focus: HoL Library: 10 Nov. 21

City law firms make millions while top corruption cases tumble: 15 Nov 21 Bureau of Investigative Journalism. [Wholly fails to take into account that City firms often do most of the collating and investigative work for the SFO and have to deal with foreign LEAs and jurisdictions in the same case].

Should there be a legal duty to report fraud? Goldstraw-White & Gill: Fraud Intelligence: 1 Nov. 21

Unexplained Wealth Orders: Ali Shalchi: HoC Briefing Paper CBP 9098: 1 Oct. 21

 

Fraud Sector Charters: 21 Oct 21: Home Office

Our approach to error and fraud in the COVID-19 support schemes: HMRC 4 Nov 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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