19 results
Latest Court of Appeal guidance on Unexplained Wealth Orders
The team at Scarmans consisting of Queen’s Counsel, Barristers and Solicitors regularly represents individuals targeted by the NCA in civil, criminal and tax litigation and so are well-placed to protect their client’s interests. In this analysis, Barry Smith, Associate, explains the latest judgment more...
A Guide to Directors Disqualification Proceedings in England and Wales
Company Directors are at risk of being disqualified under the Company Directors Disqualification Act 1986 from holding office following investigations which may take place if their company becomes insolvent or there is other alleged wrongdoing. This short guide is intended to help company directors more...
New European authority on tax compliance
Glencore Agriculture Hungary v Nemzeti Ado- es Vamhivatal Fellebbviteli Igazgatosaga For individuals and directors of businesses involved in certain types of trading, ensuring that your supply chain is free of tax evasion is important to comply with your regulatory duties. In some circumstances, an more...
Admissibility of HMRC civil investigations in criminal investigations
It is not uncommon for businesses and individuals to be subject to inspections by HMRC of trading records during which informal interviews may be carried out by visiting officers. This is perfectly proper under the civil powers of HMRC to seize and inspect material which may be relevant to a civil more...
New Authority on Freezing Orders
On 19.11.19 the Court of Appeal delivered judgement in the case of Vneshprobank LLC v Georgy Ivanovich Bedzhamov and others [2019] EWCA Civ 1992 which has set out the key principles to be applied when an individual who is subject to a freezing order applies for reasonable living expenses to be more...
Cash Forfeiture and the Proceeds of Crime Act 2002
Cash forfeiture is the process whereby money that has been seized by authorised individuals, such as the police or financial investigators, can be forfeited to the state following a hearing in the Magistrates’ Court under Part 5 of the Proceeds of Crime Act 2002. Other agencies which utilise these more...
19 Feb 2019 14:44
SFO Investigation into Unaoil (Ongoing)Mark Aldred is instructed to represent an individual in relation to the SFO bribery and corruption investigation of Unaoil. The investigation is a global investigation in to the business dealings of Unaoil and its relationships with companies including Rolls Royce, Halliburton, ABB and the Southern more...
13 Feb 2019 09:08
Legal professional privilege, corporate corruption and compliance: The ENRC appealThis article was originally published in Leeds & Yorkshire Lawyer: The Official Journal of Leeds Law Society December 2018 edition, Issue 155. Last September, the Court of Appeal handed down judgment in The Director of the Serious Fraud Office v Eurasian Natural Resources Company (“ENRC”) [2018] more...
8 Feb 2019 09:34
Unexplained Wealth Orders - only for the ultra-wealthy?UWOs – only billionaires at risk? The media attention that UWOs have attracted has provided seemingly endless sensationalist headlines and tales of extravagant spending in the press. The case of Zamira Hajiyeva, the first recipient of such an order, has perhaps given the perception to the public more...
7 Feb 2019 14:58
Unexplained Wealth Orders: The Good, The Bad and the UnexplainedUnexplained Wealth Orders (‘UWOs’) came into force on 31 January 2018 (with some fanfare in legal circles and parts of the media), via the Criminal Finances Act 2017, which substantially amended Part 8 of the Proceeds of Crime Act 2002 (POCA). The aim of the legislation is to provide an anti-money more...
6 Feb 2019 12:13
Serious Fraud Office prosecutions – trials of fraudAndrew Gilmore reviews the Serious Fraud Office’s Tesco and Barclays prosecutions and looks ahead over what might be a difficult year for the organisation. In early December 2018, the high-profile trial of two former senior Tesco executives over the company’s £250m accounting scandal collapsed after more...
6 Feb 2019 12:12
Aggressive Negotiation or Blackmail?Negotiations can be hard fought, with each party using whatever advantage is at their disposal to obtain the most favourable outcome they can. Such tough negotiation is all well and good as long as the actions of the parties, and the manner in which any “leverage” is used, does not stray over the more...
6 Feb 2019 08:48
3PB criminal barristers act in £3m tax fraud trial3PB Barrister Tim Bradbury leading Tom Evans successfully prosecuted four Defendants who had engaged in a sequence of ‘phoenix frauds’ cheating the public revenue of more than £3.2 million over a period of 10 years. Between them, the Hashtroudi Brothers received a total of 14 years imprisonment. 3PB more...
2 Nov 2018 15:26
Mark Harries leads Zaki Hashmi of ABV Solicitors in a £10m internet diversion fraudMark Harries leads Zaki Hashmi of ABV Solicitors for one of 3 brothers alleged to have conducted in a £10-handed, £10m internet diversion fraud currently in week 5 at Blackfriars Crown Court. The trial is likely to last until Christmas. You can read more about this case in the following links:- more...
2 Nov 2018 09:35
Paul Raudnitz and Kyan Pucks defend in £10m internet banking fraudPaul Raudnitz and Kyan Pucks defend Emmanuel Chukwuka, accused of complicity in a £10m internet banking fraud conspiracy. The case has opened at Blackfriars Crown Court and embraces a number of allegations of conspiracy to defraud and conspiracy to launder the proceeds of fraud. Ten defendants stand more...
1 May 2018 10:55
Congratulations to Andrew Bird & James Fletcher for their inclusion in Who's Who legal 2018 edition5SAH would like to congratulate Andrew Bird and James Fletcher for their inclusion in Who's Who legal 2018 edition. Andrew Bird has been ranked in the guide for his work within asset recovery and James Fletcher continues to be ranked for his work within the field of criminal fraud. Andrew Bird is more...
New Confiscation authority: s.22 POCA 2002 applications post-Waya
The Court of Appeal has ruled in R. v Cole [2018] EWCA Crim 888 that when the Prosecution apply under section 22 Proceeds of Crime Act 2002 for a Defendant's available amount to be reconsidered in respect of a historic confiscation order, it was wrong to not give consideration to the a change in the more...
Washing Machines, Oil Rigs and Waste – Health & Safety Investigations and Enforcement Update – Spring 2018
The new year has begun with three important appeal decisions that will be of particular interest to anyone practising in Health and Safety (“H&S”) law. They cover subjects as wide ranging as sentencing, enforcement notices and litigation privilege that are also relevant to a much wider spectrum of more...
Bringing Assange to Justice
The latest step in the Julian Assange extradition saga saw the court refuse his application for the UK arrest warrant to be withdrawn last week. It seems now that Mr Assange has little option left but to face prison for breach of bail, or stay cooped up in the Ecuadorean embassy forever. Assange more...
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