‘The Court of Appeal has overturned a ruling which excused from liability a law firm which was duped into releasing £150,000 of mortgage funds.’
Legal Futures, 25th February 2014
Source: www.legalfutures.co.uk
‘Having a pension fund itself would make most people happy, but liberating one makes it sound even more enticing and for some poor people, too enticing by half as they fall victim to the new fraud which is in vogue at the moment, pension liberation.’
Six Pump Court, 20th February 2014
Source: www.6pumpcourt.co.uk
Regina v Wright (Robert) [2014] WLR (D) 84
‘Where an insurance company paid a defendant’s solicitors’ fees, for which he would otherwise have been liable, in connection with a false insurance claim he had made, he obtained a pecuniary advantage as a result of or in connection with his false claim, for the purposes of section 76(5) of the Proceeds of Crime Act 2002. Therefore, by section 76(4), those fees formed part of the defendant’s benefit from his criminal conduct for the purposes of any confiscation order made under the 2002 Act.’
WLR Daily, 19th February 2014
Williams (Respondent) v Central Bank of Nigeria (Appellant) [2014] UKSC 10 (YouTube)
Supreme Court, 19th February 2014
‘The trial of five people accused of stealing millions of pounds from UK banks using computer technology to access bank accounts has emphasised how vulnerable even the biggest and most secure organisations can be to fraud.’
OUT-LAW.com, 21st February 2014
Source: www.out-law.com
‘A British couple who have lost their High Court fight against extradition to the US over an alleged work expenses fraud have said that the “injustice is too much to bear”.’
Daily Telegraph, 20th February 2014
Source: www.telegraph.co.uk
‘Two women who failed to report the death of a man and went on to claim his benefits have been jailed for 20 months.’
BBC News, 17th February 2014
Source: www.bbc.co.uk
‘Prosecutors will be able to enter into US-style ‘plea bargains’ with corporate offenders from next week, providing an alternative to prosecution in cases of economic crime such as bribery or fraud.’
OUT-LAW.com, 17th February 2014
Source: www.out-law.com
‘The headline in The Guardian on Wednesday 29th January 2014 (“Metropolitan Police accused of acting on behalf of big business”) would undoubtedly have caused a stir amongst private prosecutors, public prosecutors, the police, the Home Office and others interested in the issue of commercial organisations seeking redress in the criminal courts in relation to crimes committed against them. The story, based upon observations made by the Lord Chief Justice in a recent Court of Appeal case, queried the efficacy of private prosecutions brought in such circumstances and – quoting labour MP Tom Watson and Jenny Jones, a London assembly member for the Green party – suggested that they represented the “…creeping privatisation of policing…”. The former spoke of “…two tier-policing where corporate interests can buy the time of the police…” whilst the latter complained, “I hate the thought that if you are rich you can buy more justice than if you are poor…”. And yet at a time when funding for public bodies – and in particular prosecuting authorities – is under such severe strain, it is inevitable that there will be a growing demand for the private sector to operate in areas that were once solely or mainly inhabited by the state. Private prosecutions are here to stay – that much is clear from the case concerned. But are the criticisms levelled against them fair? And what is the real impact of the case on private prosecutions, confiscation and compensation and the very real problem of fraud on commerce? ‘
Six Pump Court, 5th February 2014
Source: www.6pumpcourt.co.uk
‘The lives of a British couple who are fighting extradition to the United States over an alleged work expenses fraud have been “shattered”, the High Court has heard. Paul and Sandra Dunham, from Northampton, launched their action after the US Department of Justice sought their extradition over what the couple claim is an “employment-related dispute”.’
The Independent, 7th February 2014
Source: www.independent.co.uk
‘A will writer who stole more than £280,000 from clients over nearly three years has been found guilty of fraud.’
BBC News, 4th February 2014
Source: www.bbc.co.uk
‘The possibility that a firm of litigation solicitors, despite acting properly for a client in advancing their interests, could nonetheless end up being held liable to pay a huge costs order, is unsurprisingly something that would sound alarm bells across the profession. This is a possibility that was raised in DLA Piper UK LLP v BDO LLP (the major firm of City solicitors versus a major firm of accountants).’
Halsbury’s Law Exchange, 31st January 2014
Source: www.halsburyslawexchange.co.uk
‘Following consultation the Sentencing Council is publishing a new definitive guideline on fraud, bribery and money laundering offences committed by corporate offenders which will come into force on 1 October 2014.’
Sentencing Council, 31st January 2014
‘Pleading fraud is not to be done lightly, and there can be significant adverse consequences of doing so inappropriately. Equally, however, failing to plead fraud where appropriate can deprive a party to litigation of the opportunity to succeed on a point which might be decisive in that party’s favour, and successfully alleging fraud can have very beneficial consequences in terms of liability, remedy and enforcement. This article is intended to provide a brief overview of factors that should be weighed when deciding whether to plead fraud in any given (civil) claim.’
Barristers’ Hub, 31st January 2014
Source: www.barristershub.co.uk
‘The UK’s most senior judge has criticised a deal that saw the Metropolitan Police agree to help Virgin Media in a private prosecution of a gang of fraudsters in exchange for a share of the compensation, it was reported.’
The Independent, 30th January 2014
Source: www.independent.co.uk
‘Two men have been jailed for orchestrating a series of “crash-for-cash scams”, including one involving a bus with up to 40 passengers on board.’
BBC News, 24th January 2014
Source: www.bbc.co.uk
‘Former English Defence League leader Tommy Robinson, whose real name is Stephen Yaxley-Lennon, has been jailed for 18 months for mortgage fraud.’
BBC News, 23rd January 2014
Source: www.bbc.co.uk
‘The Ministry of Justice has confirmed that a working group will next month begin the process of creating medical panels to assess whiplash injury claims.’
Law Society’s Gazette, 16th January 2014
Source: www.lawgazette.co.uk
‘A man has been jailed for refusing to give police the password to a memory stick that they could not crack. Syed Hussain, 22, from Luton, was convicted of failing to provide police with the password to the stick seized in a counter-terrorism operation.’
BBC News, 15th January 2014
Source: www.bbc.co.uk
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