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25 May 2018 / David Corker
Issue: 7794 / Categories: Features , Fraud , Criminal , Commercial
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Why UWOs & tax evasion are not what really matter

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The authorities muster their forces to tackle ‘dirty money’. David Corker remains unimpressed

The Criminal Finances Act 2017 (CFA) is the most significant criminal fraud statute for many years. While the Criminal Justice Act 2003 affected criminal law changes in relation to hearsay, bad character and disclosure, there was no specific focus on fraud. Although the Fraud Act 2006 and the Bribery Act 2010 are noteworthy, their effects are limited. The former was enacted partly to abolish recourse to the common law offence of conspiracy to defraud, an enduring Serious Fraud Office (SFO) favourite. The bribery statute, a key milestone in the expanded model of corporate criminal liability, is otherwise narrowly focused.

Unexplained wealth orders

Chapter 1 of Part 1 and Part 3 of the CFA are key provisions. The former concerns unexplained wealth orders (UWOs). Within a month of being implemented, the National Crime Agency proclaimed that it had obtained two of these. Part 3 concerns the new corporate criminal offence: facilitation of tax evasion. Only a few prosecutions are contemplated; of these, almost none in relation

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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