Anita Clifford has been featured in the latest Spring Edition of the Female Fraud Forum’s “In Focus” newsletter.
She has written an article looking at “CPS v Aquila Advisory- Key Messages for Fraud Practitioners”
“The recent Supreme Court case of CPS v Aquila Advisory  UKSC 49 holds important implications for fraud practitioners. The decision, handed down on 3 November 2021, re-affirms that where directors act fraudulently, any profits will be held on constructive trust for the company. It matters not that the directors are the directing mind and will of the company. A company is a distinct entity and the principles applicable to breach of fiduciary duty by directors and constructive trusts are well established. The upshot is that the company can lay claim to the fruits of a fraud and a prosecutor seeking to enforce a confiscation order falls to the back of queue.”
Anita Clifford advises on anti-money laundering investigations and regulatory requirements, suspicious activity reporting, proceeds of crime and account freezing. She also advises on the United Kingdom’s financial sanctions regime.
For more information please see: [Anita Clifford]