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Fraud Newsletter 58 - August 2021

Fraud Newsletter 58 August 2021 (3 downloads)

CASES

Liability for cyber hack: customer’s personal data neither disclosed nor misused by company when accessed by 3rd party hacker: no common law duty of care as DPA 98 duties operate: Warren v DSG Retail Ltd [2021] EWHC 2168 (QB).

LPP: Application of dominant purpose test: PWC investigation report commissioned followed by press report alleging plot to drive down value of Qatar’s bonds not protected by litigation privilege: useful summary of authorities [89]-[129]:  Qatar v Banque Haviland SA [2021] EWHC 2172 (Comm).

Prosecution, conviction and imprisonment for misconduct in public office by prison officer selling information to press over 5 years is not a breach of human rights:  Norman v UK (2021) ECHR  Application No. 41387/17.


SENTENCING AND CONFISCATION

S9 POCA Calculation:  value of stolen property where rightful owner unidentified is “available” to the thief under s9 POCA for purposes of calculation as thief has possessory title: Seed [2021] EWCA Crim 1198.

Benefit includes all salary and bonuses (net of tax paid by PAYE) as well as secret profits and pension funds where individuals defrauded company over many years and would have been sacked if true position known: the salaries (£4.2m) cannot be taken into account when assessing compensation: Asplin [2021] EWCA Crim 1313.


BILLS, STATUTES & STATUTORY INSTRUMENTS

Nothing of moment.



NEWS

FCA:

·      Monzo Bank in money laundering investigation: BBC News: 31 Jul 21

SFO:

·   Fraudster jailed for failing to pay confiscation order: 9 years re £5.2m order: 2 Aug 21

·   investigation into Gavin Woodhouse and associates: 9 Aug 21.

 

·   5 charged with bribery and money laundering: investigation started Feb 2017: 17 Aug 21.

·   Increased confiscation orders secured re corrupt training contracts convictions: 27 Aug 21.

HOME:

·      Successful private prosecution of businessman on £2.5m fraud: Emmlegal: 2 Aug 21.

·      Nirav Modi wins right to appeal extradition to India re £729m bank fraud charge on mental health and inadequacy of India’s prison system grounds:   The Art Newspaper: 10 Aug 21.

·     KPMG Fraud Barometer for Jan to June 21: UK fraud trials double to 151:  Aug 21

·      Ex  MP charged with 7 counts of expenses fraud: BBC News: 19 Aug 21

·      30 Years of tracking fraud: 64 page report from KPMG Fraud barometer, (includes article by David Green).

·      Magna Group mini-bond companies shut down for mis-selling £20m + of loan notes and taking £2 m from investors after the companies were insolvent: Insolvency Service:

·      Children’s charity backed by Blairs and taxpayer millions investigated amid fraud claims: The Times 23 Aug 21.

EU & ABROAD:


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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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Tony Shaw

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