‘It is not often that a family law blog warns ordinary hard-working honest family lawyers that they might be unwitting criminals. This is that blog. You should read it.’
Financial Remedies Journal, 17th September 2024
Source: financialremediesjournal.com
‘A building surveyor who swindled the National Trust out of more than £1 million through false invoices has been jailed along with his son.’
The Independent, 22nd September 2024
Source: www.independent.co.uk
‘A detectorist who stole an estimated £3m worth of Viking treasure has been sentenced to a further five years and three months in prison after failing to pay back over £600,000.’
Crown Prosecution Service, 12th September 2024
Source: www.cps.gov.uk
‘Solicitors dealing with complex fraud, money-laundering and corruption cases are very well used to having clients who are particularly vexed about their assets being restrained by a law-enforcement agency at a without notice hearing, the application perhaps being made without a charging decision even being in sight. This article focuses on the reliance, arguably the over-reliance by investigators and prosecutors, of complex financial arrangements uncovered by the financial investigators which are then labelled as, e.g. a “complex web”, “designed to obfuscate” or to keep the world in the dark about true beneficial ownership etc. In a challenge to the Restraint Order are these complex arrangements a difficult hurdle to clear for defenders?’
Expert Witness Journal, August 2024
Source: www.paperturn-view.com
‘Fatima Jama examines the Court of Appeal’s decision in R (World Uyghur Congress) v National Crime Agency [2024] EWCA Civ 715, and its implications.’
Mountford Chambers, 16th July 2024
Source: www.mountfordchambers.com
‘R (World Uyghur Congress) v National Crime Agency [2024] EWCA Civ 715. This landmark decision was a successful appeal from the judgment of Dove J ([2023] EWHC 88 (Admin)) on the single issue of whether the National Crime Agency (“NCA”) misdirected itself when reaching the decision (i) not to investigate alleged offences under Part 7 of the Proceeds of Crime Act 2002 (“POCA”) and (ii) not to commence a civil recovery investigation under Part 5, in respect of certain cotton products brought into the UK alleged to be the product of forced labour and other human rights abuses.’
UK Human Rights Blog,, 23rd July 2024
Source: ukhumanrightsblog.com
‘In its recent judgment in World Uyghur Congress v National Crime Agency, the Court of Appeal addressed the application of the money laundering provisions of the Proceeds of Crime Act 2002 (POCA) in the context of international supply chains. The appeal court’s clarification of the scope of the ‘adequate consideration’ exemption under POCA has wide-reaching implications not only for businesses with global supply chains but for all professional services firms in the UK.’
Law Society's Gazette, 19th July 2024
Source: www.lawgazette.co.uk
‘Today (11 July 2024) at Margate Magistrates’ Court, Gheorghe Nica, 46, was ordered to serve a further eleven and half months imprisonment after failing to payback £65,157.65 which he was ordered to pay in a proceeds of crime confiscation hearing. All of the Confiscation Order monies recovered from Nica, which a Judge has determined is his available assets, will be paid by way of compensation to the families of the 39 victims.’
Crown Prosecution Service, 11th July 2024
Source: www.cps.gov.uk
‘A rogue trader who faked having a brain tumour to avoid justice has been ordered to pay his victims more than £56,000.’
BBC News, 10th July 2024
Source: www.bbc.co.uk
‘The UK National Crime Agency’s decision not to launch an investigation into the importation of cotton products manufactured by forced labour in China’s Xinjiang province was unlawful, the court of appeal has found.’
The Guardian, 27th June 2024
Source: www.theguardian.com
‘Since the jurisdiction to freeze bank accounts and seize specific listed assets was introduced to the Magistrates’ Court by the Criminal Finances Act 2017, there has been a considerable increase in the recovery of money alleged to be the proceeds of crime or intended for use in crime by the authorities. Money recovered in civil forfeiture proceedings has increased from £42.5m in 2017/18, to £193.4m in 2021/22 and £97.2m in 2022/23. Account forfeiture orders made up 70% and 67% of those more recent receipts from civil forfeiture proceedings.’
2 Hare Court, 20th June 2024
Source: www.2harecourt.com
‘A councillor in Gloucester has been ordered to pay £49,823.36 for selling puppies without a licence.’
Local Government Lawyer, 18th June 2024
Source: www.localgovernmentlawyer.co.uk
‘Many criminal defence solicitors will be very familiar with cash detention orders and Account Freezing Orders made by the magistrates’ court under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’).’
Mountford Chambers, 22nd May 2024
Source: www.mountfordchambers.com
‘After receiving Royal Assent in October 2023 the Economic Crime and Corporate Transparency Act 2023 is moving forward with the recent publishing of the draft guidance required by section 204 of the Act, advising on the procedures that companies can put in place to prevent persons associated with them from committing fraud offences contrary to section 199.’
Mountford Chambers, 24th April 2024
Source: www.mountfordchambers.com
‘A woman has told of her shock after the government seized £16,000 left to her by her mother because she was overpaid her carer’s allowance.’
BBC News, 4th April 2024
Source: www.bbc.co.uk
‘Today at Chelmsford Crown Court, a Confiscation Order of £22,305 was given to Stephen Bear, to retrieve the ill-gotten gains he accumulated from publishing explicit content to a subscription site without the consent of those involved. The judge has ordered that the victim, Georgia Harrison, be compensated to the value of £5,000, which will be paid out of any monies paid towards the Confiscation Order.’
Crown Prosecution Service, 28th March 2024
Source: www.cps.gov.uk
‘R v Thompson [2023] EWCA Crim 1244, saw the Court of Appeal deal with the issue of how to approach beneficial interests in property where the property is in the sole name of a defendant’s spouse.’
Park Square Barristers, 14th November 2023
Source: www.parksquarebarristers.co.uk
‘More than 200 people who were conned into buying useless investments have received payouts from the money recovered from the fraudster.’
Crown Prosecution Service, 18th December 2023
Source: www.cps.gov.uk
‘The landlords of a dangerously overcrowded east London flat that suffered a deadly fire in March have pleaded guilty to a total of nine criminal charges.’
The Guardian, 28th November 2023
Source: www.theguardian.com
‘A convicted people smuggler, responsible for the manslaughter of 39 people who died in the back of a lorry in Essex, has today (24 September 2023) been ordered to pay a total of £65,157.65 to victims’ families through a Confiscation Order made by the court today.’
Crown Prosecution Service, 24th November 2023
Source: www.cps.gov.uk
© Inner Temple Library 2024