Fraud (Criminal)

18.06.19

Solicitor sanctioned for inadvertently aiding fraudulent football club bid

Richard Quinn of Riley Hayes Solicitors has been fined £5,000 by the Solicitors’ Disciplinary Tribunal (‘SDT’) for making reckless misrepresentations in a letter utilised in a fraudulent bid to purchase Hartlepool United Football Club (‘HUFC’). The investigation into Mr Quinn’s conduct followed the conviction of ‘Mr M’, a business man and former director of Swindon…

21.03.19

The Criminal Caution: Can it still be relied on?

“You do not have to say anything. But it may harm your defence if you fail to mention when questioned something which you later rely on in court. Anything you do say may be given in evidence” Anyone questioned as a suspect of a criminal offence in England and Wales should hear and understand this…

26.11.18

Revised Code for Crown Prosecutors introduced

The Code for Crown Prosecutors has been revised as of October 2018 (‘the Code’) and is now in its eighth edition. The outgoing Director of Public Prosecutions, Alison Saunders unveiled amendments to the Code which she said were vital to ensure ‘defendants and complainants have trust in the criminal justice system and the public has…

5.11.18

Aaron Banks, Leave.EU, the NCA and the Electoral Commission

Last week, the Electoral Commission referred Brexit campaigner Aaron Banks, his 2016 organisation Leave.EU, and his senior colleague Liz Bilney to the National Crime Agency (NCA). The purpose of the investigation is to discover whether electoral laws were broken regarding Leave.EU’s referendum funding during 2016, and also whether Mr Banks and Ms Bilney knowingly concealed…

16.09.18

Clarity on Legal Professional Privilege from the Court of Appeal

In The Director of The Serious Fraud Office v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 the Court of Appeal was asked to determine whether certain documents created during the course of an internal company investigation were subject to legal professional privilege. In April 2013, the Serious Fraud Office (‘SFO’) commenced a criminal…

11.09.18

Grenfell fraud conviction

A 26 year old male has been convicted at Isleworth Crown Court after being found guilty of falsely claiming that he had been living in Grenfell Tower at the time of the fire in order to benefit from multiple support services available to victims and their families. On 7 September 2018, Yonatan Eyob was sentenced…

3.09.18

Failure to properly advise can amount to professional misconduct says Bar Tribunal

Given the cuts to the resources of state prosecutors, the number of private prosecutions are understood to be on the rise. It is therefore increasingly important for practitioners to be mindful of advising clients on the proper test for bringing a private prosecution including any associated risks.  The Bar Tribunal and Adjudication Service’s recent suspension of…

New procedure for lodging appeals in Court of Appeal (Criminal Division)

As from 1 October 2018 appeals against conviction and/or sentence must be lodged directly with the Criminal Appeal Office and not the Crown Court. The Criminal Procedure Rules Committee has approved a change to Rule 39 CPR and will require a separate Form NG and Grounds for each substantive application. By omitting the need to…

28.07.18

The new test for dishonesty: the impact of Ivey v Genting Casinos

Last year’s Supreme Court judgment in Ivey v Genting Casinos [2017] UKSC 67, a civil claim, shocked many criminal law practitioners as it formulated a new test for determining the element of ‘dishonesty’ for use in both civil and criminal Proceedings. Prior to Ivey the case of R v Ghosh [1982] EWCA Crim 2 had been widely recognised by…

12.07.18

Unexplained Wealth Orders: A new power for law enforcement agencies

The Criminal Finances Act 2017, which came into force early this year, gives enforcement authorities such as the National Crime Agency (‘NCA’), Revenue and Customs (‘HMRC’), the Financial Conduct Authority (‘FCA’) and the Serious Fraud Office (‘SFO’) new powers which are designed to help law enforcement act on suspected corrupt assets. Section 1 of the Criminal…