Financial Crimes in UK Law

Leading Cases
  • R v Kefford (Mark James)
    • Court of Appeal (Criminal Division)
    • 05 Mar 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 Jul 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 Mar 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 v Clarke (Linda)
    • Court of Appeal (Criminal Division)
    • 20 May 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.

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

  • Chandrakant Patel v Salman Mirza
    • Chancery Division
    • 05 Jul 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 Apr 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
  • Modern Slavery Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... . . (a) must before the beginning of each financial year specify a maximum sum which the Commissioner may spend that year,. . ... . section 51 (genocide, crimes against humanity and war crimes). . . section 52 (ancillary conduct). ......
  • Counter-Terrorism Act 2008
    • UK Non-devolved
    • January 01, 2008
    ......(a) the value of the property, and. . . (b) the likely financial and other effects on the convicted person of the making of the order ... under Article 45(1) of that Order (punishment of certain grave crimes committed by a child), or. . . (vii) detention under Article 45(2) of ......
  • Extradition Act 2003
    • UK Non-devolved
    • January 01, 2003
    ......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
    • January 01, 2001
    ......know whether he fell within it. (6) Funds are financial assets and economic benefits of any. kind. S-6 . Contents: further ... which can be used in the perpetration of terrorism or other serious crimes. . Race and religion . 16. Part 5 of the Act extends the racially ......
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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 (...
  • 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...
  • Financial crimes: the constant challenge of seeking effective prevention solutions
    • Nbr. 15-4, October 2008
    • Journal of Financial Crime
    • 383-397
    Purpose: Financial market‐related crimes seem to continually increase in number as well as in the amount of illicit profits. This emerging situation has obliged governments and self‐regulated bodie...
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Law Firm Commentaries
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