Case law

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.
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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.
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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, in the case of Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another , Times 27 August 2008 (CA Crim).
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Pulvers (a firm) v Chan & Others

This case highlights the liability of partners in firms where mortgage fraud has occurred, and their ability to claim against individual employees who have been actively involved in the fraud.
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R v NW and others

This case considers whether the Crown must prove what type of criminal conduct generated the benefit represented by criminal property in money laundering case.
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Zambia v Meer Care & Desai

The court made it clear that a solicitor will need a good explanation for not reading the Law Society's guidance, let alone not following it.
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UMBS Online Ltd and SOCA

SOCA must give consent to proceed with a transaction following the making of a suspicious activity report (SAR), unless there is good reason not to.
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CPS v IK AB and KA

This case will interest practitioners advising on alleged terrorist financing.
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Dawes and Others v R

The Court of Appeal upheld four convictions for conspiracy to launder the proceeds of crime, namely profits from drug trafficking.
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Rowe v R

In Rowe v R [2007] EWCA Crim 635, a full bench of the Criminal Court of Appeal has clarified several issues over offences involving preparation for terrorist activities.
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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.
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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.
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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.
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