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LLR: Financial Crime RSS feed

R v DAVENPORT

Proceeds of crime – Confiscation orders – Compensation orders – Proportionality – Double counting – Power of Criminal Courts (Sentencing) Act 2000, section 130 – Proceeds of Crime Act 2002, section 13.

[2016] Lloyd's Rep. FC 21

R v HARVEY

Proceeds of crime – Money laundering – Calculation of benefit obtained in confiscation proceedings – Whether disproportionate to include VAT paid to HMRC.

[2016] Lloyd's Rep. FC 41

R v HAYES

Conspiracy to defraud – Dishonesty – Jury directions – Criminal evidence – Disclosure – Sentence – Consecutive sentences – Personal mitigation.

[2016] Lloyd's Rep. FC 64

R v AIL AND OTHERS

Corruption – Bribery – Agents – Principals – Statutory interpretation – Anti-Terrorism, Crime and Security Act 2001, sections 1, 106, 108 and 262 – Prevention of Corruption Act 1906, sections 2 and 7 – Public Bodies Corrupt Practices Act 1889, sections 3, 4 and 319 – Prevention of Corruption Act 1916, sections 3 and 4.

[2016] Lloyd's Rep. FC 80

R v R AND OTHERS

Abuse of process – Delay – Disclosure – Electronic material.

[2016] Lloyd's Rep. FC 131

SERIOUS FRAUD OFFICE v ZLOCHEVSKY

Proceeds of crime – Restraint order – Proceeds of Crime Act 2002, section 69 – “Full and frank disclosure” – Exercise of discretion.

[2016] Lloyd's Rep. FC 157

NATIONAL CRIME AGENCY v SIMKUS AND OTHERS; NATIONAL CRIME AGENCY v KHAN AND OTHERS; NATIONAL CRIME AGENCY v JARDINE AND OTHERS

Civil recovery proceedings – Property freezing orders – Disclosure orders – Without-notice applications – Whether presence of counsel necessary – Recall of restraint order and imposition of property freezing order – Non-disclosure – Abuse of process by re-litigation – Proceeds of Crime Act 2002, Part 5 sections 245A and 245B – Part 8 sections 341, 341A, 357, 360 and 362 – Practice Direction, Civil Recovery Proceedings, paras 5.3, 8.2 and 11.1.

[2016] Lloyd's Rep. FC 195

GOLD NUTS LTD AND OTHERS v THE COMMISSIONERS FOR HER MAJESTY'S REVENUE & CUSTOMS

Code of Practice 9 (COP9) – Contractual Disclosure Facility (“CDF”) – Schedule 36 Notices – Income and corporation tax enquiries – Whether the First-tier Tribunal (“FTT”) has jurisdiction to close a COP9 enquiry – The use of HMRC's powers to compel a suspect to provide information and documents for use in deciding whether or not to prosecute – Right not to self-incriminate – Right to disclosure of information – Police and Criminal Evidence Act 1984 (“PACE”) – European Convention on Human Rights (“ECHR”), article 6.

[2016] Lloyd's Rep. FC 249