Leicester garment factory bosses banned from running businesses for more than 400 years – The Guardian

Posted September 4th, 2020 in company directors, fraud, HM Revenue & Customs, insolvency, news, taxation by sally

‘Directors of clothing manufacturers in Leicester have been struck off for a combined total of more than 400 years in cases costing HMRC millions, data shared with the Guardian reveals.’

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The Guardian, 3rd September 2020

Source: www.theguardian.com

Judge refuses payment out of court for all of defendants’ legal fees – Litigation Futures

Posted August 20th, 2020 in fees, fraud, news, payment into court by sally

‘The High Court has rejected an application for a payment out of court to fund all of the defendants’ legal fees in a “gargantuan” tax fraud case.’

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Litigation Futures, 19th August 2020

Source: www.litigationfutures.com

PI Fraud: when silence can be FD – Park Square Barristers

‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’

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Park Square Barristers, 3rd August 2020

Source: www.parksquarebarristers.co.uk

Jail for builder Rob Hayel who ‘left homes at risk of collapse’ – BBC News

Posted August 7th, 2020 in building law, construction industry, fraud, imprisonment, news, sentencing by sally

‘An “immoral” builder who left homes at risk of “catastrophic structural collapse” has been jailed.’

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BBC News, 6th August 2020

Source: www.bbc.co.uk

Furlough Fraud – The Coming Storm – 33 Bedford Row

Posted July 30th, 2020 in coronavirus, fraud, money laundering, news, remuneration, tax evasion by sally

‘On the 8th of July 2020 the first reported arrest took place in the West Midlands of a 57-year-old man suspected of “furlough fraud”. The arrest and search of his property has been reported widely in the national media. It was reported that following arrest the man had his computers, digital devices and documents seized in relation to an alleged £495,000 fraud. His bank accounts have been frozen.’

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33 Bedford Row, 27th July 2020

Source: www.33bedfordrow.co.uk

36 Crime Criminal Updates – The 36 Group

Posted July 30th, 2020 in coronavirus, extradition, food hygiene, fraud, health & safety, news by sally

‘This summer Newsletter has, as always, a range of articles. For those of us who, just, knew a time before the dishonesty test in Ghosh, it is disturbing that it has been described as a wrong turn, and Arthur Kendrick analyses for us the consequences of the recent judgment of the Court of Appeal in Barton and Booth. The pandemic may be the result of the mis-handling of food sources, and Dharmendra Toor reflects on a decision from the early days of the pandemic that highlights the importance for us of the compliance with food safety regulations by food manufacturers, restaurants and supermarkets. Sally Hobson provides a helpful analysis and some guidance when dealing with cases following extradition to the UK for offences for which the individual was not specifically extradited. We are grateful to Mary Prior Q.C. for another summary of important and instructive cases recently decided across the broad range of practice and procedure in the criminal courts.’

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The 36 Group, July 2020

Source: 36group.co.uk

G4S fined £44m by Serious Fraud Office over electronic tagging – The Guardian

‘Security firm G4S has been fined £44m by the Serious Fraud Office (SFO) as part of an agreement that will see it avoid prosecution for overcharging the Ministry of Justice for the electronic tagging of offenders, some of whom had died.’

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The Guardian, 10th July 2020

Source: www.theguardian.com

Plenty of Fish conman jailed for defrauding women – BBC News

Posted July 7th, 2020 in assault, fraud, guilty pleas, internet, intimidation, marriage, news, sentencing by sally

‘A fraudster who cheated women he had asked to marry him out of tens of thousands of pounds has been jailed for 10 years.’

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BBC News, 6th July 2020

Source: www.bbc.co.uk

Woman who falsely claimed more than £1m in benefits is jailed – The Guardian

Posted June 9th, 2020 in benefits, fraud, news, sentencing by sally

‘A woman has been jailed after falsely claiming more than £1m in benefits in what has been described as one of the biggest social security frauds to be prosecuted by the Crown Prosecution Service (CPS).’

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The Guardian, 8th June 2020

Source: www.theguardian.com

Corona Crime – 25 Bedford Row

Posted June 4th, 2020 in coronavirus, financial regulation, fraud, news, prosecutions by sally

‘With plans across the world to gradually lift some lockdown restrictions we can expect to uncover a new wave of corporate criminal activity and organised crime at home and abroad. Criminal defence specialists Simon Pentol QC and Duncan Jones of 25 Bedford Row examine the likely trends and the focus of investigation by the authorities.’

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25 Bedford Row, 27th May 2020

Source: www.25bedfordrow.com

Three cases on contempt of court and what they mean for commercial fraud litigation – Radcliffe Chambers

Posted May 29th, 2020 in abuse of process, committals, contempt of court, fraud, news by sally

‘Recent weeks have seen a spate of decisions on contempt of court. Most are sentencing cases and thus of little general interest since they turn on their facts. However, 3 cases do raise issues of general principle which not infrequently arise in the commercial fraud context.’

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Radcliffe Chambers, 19th May 2020

Source: radcliffechambers.com

Financial Misconduct, the FCA and Coronavirus – Red Lion Chambers

Posted May 29th, 2020 in computer crime, coronavirus, financial regulation, fraud, news by sally

‘In view of the potential new financial risks posed by the Corona Virus pandemic, Cameron Brown QC and Sam Smart (Pupil Barrister) from Red Lion Chambers review the work of the FCA in tackling financial crime and the new challenges it may face.’

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Red Lion Chambers, 26th May 2020

Source: www.redlionchambers.co.uk

Fraud Under the Furlough Scheme – Church Court Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, employment, fraud, news, remuneration by sally

‘On the 20 March 2020, the UK Government Chancellor, Rishi Sunak announced a number of measures to help employees and businesses through the COVID-19 pandemic crisis: one of them was the Coronovirus Job Retention Scheme (“CJRS”). As billions of pounds is paid in grants to companies, the temptation to exaggerate claims, lie, cheat or just make fraudulently claims will occur. New loopholes and opportunities for fraud have emerged. HMRC is aware of this and have even set up a specialised whistleblower line. Yasin Patel and Amy Hazlewood explore the scheme and the potential criminal offences for anyone found to have made fraudulent claims under the CJRS.’

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Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

Costs and Exaggeration: Morrow v Shrewsbury RUFC LTD [2020] EWHC 999 (QB) – Park Square Barristers

‘In a case in which fundamental dishonesty or fraud has not been found but, there has been a significant level of exaggeration, will the court reduce an award of costs? The answer, of course, is considering CPR Part 44: yes… possibly.’

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Park Square Barristers, 5th May 2020

Source: www.parksquarebarristers.co.uk

Rights & Wrongs? Standard of proof in dishonesty cases considered by the Court of Appeal – Hardwicke Chambers

Posted May 12th, 2020 in banking, conspiracy, fraud, illegality, news, standard of proof by sally

‘The standard of proof in dishonesty cases: simple to state, difficult to apply. In Bank St Petersburg PJSC v Arkhangelsky [2020] EWCA Civ 408 the difficulty led the Court of Appeal to reverse an experienced High Court judge’s dismissal of a counterclaim. The matter was remitted after a 46 day trial spread over 6 months in 2016, 22 months waiting for a 388 page judgment and nearly 2 years waiting for the Court of Appeal decision on 18 March 2020. Jack Dillon and Amy Held consider the implications.’

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Hardwicke Chambers, 10th May 2020

Source: hardwicke.co.uk

Dishonesty: Barton & Booth v The Queen – Pump Court Chambers

Posted May 12th, 2020 in care homes, conspiracy, elderly, fraud, gifts, news by sally

‘Barton & Booth-v-The Queen [2020] EWCA Crim 575. The Court of Appeal considers whether the new definition of ‘dishonesty’ given by the Supreme Court in the case of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67 applies in criminal cases.’

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Pump Court Chambers, 30th April 2020

Source: www.pumpcourtchambers.com

Barton & Booth: Clarifying the Dishonesty Test post Ivey by Paul Dormand – Broadway House Chambers

Posted May 6th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news, theft by sally

‘The decision in Barton & Booth [2020] EWCA Crim 575 brings an end to the uncertainty surrounding the test for dishonesty, and the application of the test proposed by the Supreme Court in Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67. This article will look at the departure from Ghosh, the application of the Ivey test notwithstanding its obiter status.’

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Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

Barton and Booth – note on the Court of Appeal decision on Ivey and Ghosh – Exchange Chambers

Posted May 4th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news by sally

‘In Barton and Booth v R [2020] EWCA Crim 575, the Criminal Division of the Court of Appeal considered the correct approach to be taken to dishonesty as it applies to the criminal law. In doing so, the Court confirmed that the test for dishonesty articulated in the Supreme Court decision of Ivey v Genting Casinos (UK) (trading as Crockfords Club) [2017] UKSC 67 displaced the test for dishonesty that had been laid down in R v Ghosh [1982] QB 1053 and which had applied in the criminal courts for 35 years.’

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Exchange Chambers, 1st May 2020

Source: www.exchangechambers.co.uk

What is Carbon Credit Fraud? – St Paul’s Chambers

‘Carbon credit VAT fraud has been the subject of an increased investigation by the government and prosecuting authorities, but the bodies generating carbon credits are usually based overseas and authorities in the UK have no control of the quality or validity of the carbon credit schemes.’

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St Paul's Chambers, 23rd April 2020

Source: www.stpaulschambers.com

Account Forfeiture and Freezing Orders (AFFO’s) in the Pandemic – Drystone Chambers

Posted April 24th, 2020 in banking, chambers articles, coronavirus, fraud, news by sally

‘As happens at times of crisis, fraud rises and criminals attempt to take advantage of people’s fears. The situation in the current crisis is made even worse by the fact that the police have other major demands on their time and the courts capacity to deal with matters is severely limited.’

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Drystone Chambers, April 2020

Source: drystone.com