- Armstrong DLW GMBH v Winnington Networks Ltd
The case of Armstrong DLW GMBH v Winnington Networks Ltd looks at who bears the loss when poor due diligence results in the trading of stolen carbon credits.
- Capewell v HM Revenue and Customs
In this case, the House of Lords confirmed that the receiver's fees are to be paid out of the assets held in the receivership, whether the accused launderer is acquitted, not proceeded against or the receivership is successfully discharged.
- CPS v IK AB and KA
This case will interest practitioners advising on alleged terrorist financing
- Dare v Crown Prosecution Service
The Court of Appeal has upheld the decision in R v Geary and provided further clarification on what constitutes an arrangement for the purposes of section 328 of the Proceeds of Crime Act 2002.
- Dawes & Ors v R
The Court of Appeal upheld four convictions for conspiracy to launder the proceeds of crime, namely profits from drug trafficking
- Fitzpatrick and Others v Metropolitan Police
The case of Fitzpatrick and Others v Metropolitan Police looks at what constitutes entering into an arrangement and considers the factors that police take into account before searching a solicitors' office or arresting a solicitor.
- Irwin Mitchell (a firm) v Revenue and Customs Prosecutions Office and Another
The Court of Appeal considered whether the movement of fees from the client account to the office account would be a breach of a criminal restraint order
- Michaud v France
Alison Matthews reviews the decision of the ECJ in Michaud v France on whether the application of the anti-money laundering reporting requirements to lawyers are consistent with the right to privacy.
- Mohammad Ahmad v Her Majesty's Advocate [2009] HCJAC 60
The Scottish Court of Appeal has ruled that property will be considered criminal property under POCA if the evidence of how it is handled 'gives rise to the irresistible inference' that it could only have been the product of crime.
- R v Burke
The Court of Appeal has decided that a conviction for money laundering against one defendant can stand, even when another defendant was acquitted for the substantive offence which had been said to generate the proceeds of crime to be laundered.
- R v Geary
Entering into an arrangement to create criminal property does not amount to an offence under s.328 of the Proceeds of Crime Act (POCA)
- R v Hogan
The High Court in R v Hogan [2007] EWHC (Admin) 978 had to consider the defence of adequate consideration to a section 329 POCA 2002 offence.
- R v Kausar, R v Nawaz and Anor, R v Amir and Anor
The Court of Criminal Appeal has issued a series of judgements clarifying the application of money laundering offences in mortgage fraud cases.
- R v Saik
In R v Saik , the House of Lords considered the law of conspiracy with respect to the offence of money laundering, particularly where individuals suspected, rather than knew that the funds involved in a transaction were the proceeds of crime.
- R v Varma
The Supreme Court looks at whether a person can still face confiscation proceedings even if they were given a conditional discharge for the underlying offence.
- R v Waya
The Supreme Court held that in order to comply with A1P1 and s3(1) Human Rights Act 1998, Crown Court should not make disproportionate orders given the circumstances of an individual case.
- RCPO v C
A solicitor was cleared of six counts of money laundering in January of this year, after a judge ruled that a fair trial was impossible due to delays in bringing the prosecution.
- Shah v HSBC
The High Court has issued a decision dismissing civil claims from clients as a result of complying with reporting obligations under the Proceeds of Crime Act.
- Shah v HSBC - an update
The Queen's Bench Division has dismissed Mr Shah's claims for damages against HSBC Private Bank (UK) Ltd (HSBC) for over US$300m.
- UMBS Online Ltd and SOCA
The Court of Appeal upheld four convictions for conspiracy to launder the proceeds of crime, namely profits from drug trafficking