Financial Crimes in UK Law

Leading Cases
  • R v Kefford (Mark James)
    • Court of Appeal (Criminal Division)
    • 05 n 2002

    Nothing that we say in this judgment is intended to deter courts from sending to prison for the appropriate period those who commit offences involving violence or intimidation or other grave crimes. Offences of this nature, particularly if they are committed against vulnerable members of the community undermine the public's sense of safety and the courts must play their part in protecting the public from these categories of offences.

  • Patel v Mirza
    • Supreme Court
    • 20 t 2016

    In assessing whether the public interest would be harmed in that way, it is necessary a) to consider the underlying purpose of the prohibition which has been transgressed and whether that purpose will be enhanced by denial of the claim, b) to consider any other relevant public policy on which the denial of the claim may have an impact and c) to consider whether denial of the claim would be a proportionate response to the illegality, bearing in mind that punishment is a matter for the criminal courts.

  • R v Nield
    • Court of Appeal (Criminal Division)
    • 29 n 2007

    The discretion which is imported by section 6(6) giving rise to the power to make a just order is very strictly limited.

  • R (Uberoi and Another) v City of Westminster Magistrates' Court
    • Queen's Bench Division (Administrative Court)
    • 02 m 2008

    In my judgment the structure and content of the 2000 Act amply demonstrate that it must have been the Parliamentary intention that the FSA would be able to institute proceedings under Part V of the 1993 Act without consent from outside. In the light of section 61(2) of the 1993 Act, and not overlooking paragraph 4 of Schedule 1 to the 1987 Act and the absence of such provision in the 2000 Act, section 402(1) is not tightly drawn.

  • R v Clarke (Linda)
    • Court of Appeal (Criminal Division)
    • 20 l 1982

    If imprisonment is necessary, and if a very short sentence is not enough, and if it is not appropriate to suspend the sentence altogether, then partial suspension should be considered. Great care must be taken to ensure that the power is not used in a way which may serve to increase the length of sentence. Great care must be taken to ensure that the power is not used in a way which may serve to increase the length of sentence.

  • Chandrakant Patel v Salman Mirza
    • Chancery Division
    • 05 t 2013

    I interject by way of brief technical excursus that a spread bet on listed shares is on analysis a contract for differences, based on movements in the quoted share price over a specified period. In the case of IG Index the client was required, as Mr Mirza told me, to deposit 15–20% of the initial share price and maintain a deposit to at least this level as the price moved. The level of the deposit meant that substantial gearing, of at least 5 times, could be achieved.

  • R v Mallett
    • Court of Appeal (Criminal Division)
    • 17 s 1978

    What the Crown has to show is that the accused person dishonestly, with a view to gain for himself or another or with intent to cause loss to another, in furnishing information for any purpose produces or makes use of any account or any record or any document which is made or required for any accounting purpose and which, to his knowledge, is or may be misleading or false in a material particular.

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Legislation
  • Extradition Act 2003
    • UK Non-devolved
    • 2003-01-01
    ......Court Act 2001 (c. 17) (genocide, crimes against humanity and war. crimes);. . . (b) an offence under section 52 ... SCH-2.8 . 8 Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention ......
  • Anti-terrorism, Crime and Security Act 2001
    • UK Non-devolved
    • 2001-01-01
  • Sexual Offences Act 2003
    • UK Non-devolved
    • 2003-01-01
    ...... . (2) In this section, ‘payment’ means any financial advantage,. including the discharge of an obligation to pay or the ...17) (genocide, crimes against humanity, war crimes and related offences), other than one ......
  • Criminal Justice Act 1988
    • UK Non-devolved
    • 1988-01-01
    ......(a) to the value of the property; and. . . (b) to the likely financial and other effects on the. offender of the making of the order (taken. ... (punishment of certain grave crimes), the. only custodial orders that a court may make where a person. under ......
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Books & Journal Articles
  • Limited liability companies (LLCs) and financial crimes
    • Nbr. 12-1, January 2009
    • Journal of Money Laundering Control
    • 7-18
    Purpose: The purpose of this paper is to provide an analysis of the concept of Limited Liability Companies (LLCs) and the extent to which these present money laundering and financing of terrorism (...
  • Criminal minds: profiling architects of financial crimes
    • Nbr. 28-2, May 2021
    • Journal of Financial Crime
    • 324-344
    Purpose: The purpose of this paper is to construct a profile of a financial criminal, with special emphasis on their psychological attributes. The objective is to determine if such a profile can pr...
  • National criminal jurisdiction over transnational financial crimes
    • Nbr. 27-4, December 2020
    • Journal of Financial Crime
    • 1361-1377
    Purpose: The purpose of this paper is to examine the international standards for establishing national jurisdiction over the transnational crimes of money laundering and bribery and identify challe...
  • Football clubs and financial crimes in Greece
    • Nbr. 23-3, July 2016
    • Journal of Financial Crime
    • 559-573
    Purpose: The purpose of the current article is to provide an account of the financial crimes that are committed within the football clubs in Greece. Design/methodology/approach: First, ethnographi...
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Law Firm Commentaries
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Forms
  • Chapter MLR3C10550
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... useful vehicles for the purposes of money laundering and other financial crimes. The complex nature of some trusts can create a confusing financial ......
  • Chapter MLR3C1150
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... Handling the proceeds of crimes such as theft, fraud and tax evasion. Being knowingly involved in any ... Investing the proceeds of crimes in other financial products. Investing the proceeds of crimes through the acquisition of ......
  • Chapter DMBM540210
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Many crimes are committed for financial gain. This is particularly true of crimes such ......
  • Chapter IDG54010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... and police interests converge in a number of areas, notably, financial crime, immigration crime, and with other law enforcement issues. Sharing ... in assembling evidence and information in relation to all other crimes. Ensuring information is shared lawfully. All disclosures of HMRC ......
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