The Fraud Newsletter

January 2025

Feb 03, 2025

Compiled by Faras Baloch, Andrew Herd & Francesca Kirby.

Cases

Skeene [2025] EWCA Crim 17: jury need only be satisfied of essential ingredients of offence to convict / no need to be collectively sure of the particulars alleged. Full dishonesty direction required only in rare cases where defence is that D did not realise that others would see their conduct as being dishonest.

Sentencing & Confiscation

DPP v Surin [2025] EWHC 10 (KB): civil recovery order under s.266 POCA where sufficient evidence that £3.5m Bitcoin was recoverable property.

Butler [2025] EWCA Crim 1: not unfair to hold D to confiscation order made by consent (where D claimed made on wrong basis and he was serving default sentence when no assets from which order could be satisfied) Hirani [2008] EWCA Crim 1463 followed.

Bills, Statutes & SIs

Public Authorities (Fraud, Error and Recovery) Bill 2024-25 Cabinet Office’s Public Sector Fraud Authority to have power to raid properties of Covid fraudsters, recover funds from their bank accounts and issue civil penalties. DWP to have power to suspend driving licences.

Criminal Procedure (Amendment) Rules 2025 (SI 2025/60) various clarifications re hearsay, fines, time limit for prosecution appeal against ruling in Crown Ct & extend to receivership proceedings rules about costs orders that apply to restraint proceedings.

Guidance, Reports & Consultations

Use of evidence generated by software in criminal proceedings: Call for Evidence MOJ: 21 Jan 25

Leveraging legitimacy: How the EU’s most threatening criminal networks abuse legal business structures Europol: 10 Jan 25

Ransomware: proposals to increase incident reporting and reduce payments to criminals GOV.UK: 14 Jan 25

News

Court rules Sanjeev Gupta owes $53mn to rival steelmakers FT: 30 Jan 25

MPs call for investigation into Abramovich’s tax bill TBIJ: 30 Jan 25

SRA appeals tribunal’s dismissal of Dentons AML charges Law. Soc. Gaz: 29 Jan 25

Post Office prosecutions set to begin this summer, says SRA Law. Soc. Gaz: 28 Jan 25

Defunct funeral firm [Safe Hands] payments 'a slap in the face BBC: 23 Jan 25

Driving Licenses at Risk for UK Benefit Fraud Offenders OCCRP: 23 Jan 25

UK anti-corruption minister resigns over ties to ousted Bangladesh PM Reuters: 15 Jan 25

Socialite bankrupt within year after assets frozen during money-laundering probe Ind: 14 Jan 25

Greentube Alderney Limited to pay £1m for regulatory failures Gambling Commission 9 Jan 25

SFO

London Mining Plc Trial Date set for 7 April 2026 GOV.UK: 31 Jan 25

Incentivising Whistleblowers to Expose Economic Crime RUSI (podcast with Director of SFO): 31 Jan 25

High Court slashes SFO’s damages bill in ongoing litigation with mining giant Law. Soc. Gaz: 24 Jan 25

SFO secures first Unexplained Wealth Order in £100m fraud case SFO: 17 Jan 25

Ex-Axiom Ince executives appear at Westminster Magistrates Court Law Soc Gaz: 15 Jan 25

SFO Appoints New Top Lawyer GIR [paywall]: Matthew Wagstaff appointed as Interim Director of Legal Services as Sara Lawson KC departs as General Counsel: GIR (paywall): 15 Jan 25

Jailed solicitor ordered to pay back £1m proceeds of crime Law Soc Gaz: 10 Jan 25

Govt’s failure to prevent fraud guidance ‘remarkably prescriptive’ FT Adviser: 8 Jan 25