Fiona Jackson invited to Roundtable on Co-operation Activities against Economic Crime

At the invitation of the Council of Europe, Fiona Jackson participated in Roundtable on Co-operation Activities against Economic Crime: tools, impact and lessons learnt,  a two-day workshop in Strasbourg on 15-16 February, joining 40 experts from across the Council’s Member States. 

The workshop reviewed the impact of Council of Europe co-operation actions and programmes to support reforms against economic crime and its components (corruption, fraud, organised crime, money laundering, financial crime, terrorism financing and criminally acquired assets); discussed cross-cutting issues, data protection and international co-operation; and identified issues and challenges in implementing Council of Europe standards through co-operation activities. 

It is intended that an advisory report will follow, summarising the findings of the workshop and aiming to strengthen future activity.

To instruct Fiona, please contact Martin Adams (ma@33cllaw.com) or Chris Chiles (ccc@33cllaw.com).

Criminal Finances Act 2017 - Further provisions coming into force on 30th and 31st January

The Criminal Finances Act 2017 (Commencement No.4) Regulations 2018 - SI 2018 No. 78 - includes the following sections:

2. The following provisions of the Act come into force on 30th January 2018—

(a) section 15 (forfeiture of certain personal (or moveable) property) so far as it inserts section 303E(4) into POCA;

(b) section 16 (forfeiture of money held in bank and building society accounts) so far as it inserts sections 303Z2(4) and 303Z10 into POCA and so far as section 303Z10 is not already in force;

(c) section 21(5) (immigration officers);

(d) section 38(4) (forfeiture of terrorist cash) so far as it inserts paragraph 5A(10) into Schedule 1 to ATCSA;

(e) section 39 and paragraph 1 of Schedule 3 (forfeiture of certain personal (or moveable) property) so far as they are relevant to paragraph (h);

(f) section 40 and paragraph 1 of Schedule 4 (forfeiture of money held in bank and building society accounts) so far as they are relevant to paragraph (i);

(g) section 53 and paragraph 17 of Schedule 5 (minor and consequential amendments) so far as they are relevant to paragraph (j);

(h) paragraph 2 of Schedule 3 so far as it inserts paragraph 10G(9) into Schedule 1 to ATCSA;

(i) paragraph 2 of Schedule 4 so far as it inserts paragraph 10X into Schedule 1 to ATCSA and so far as not already in force;

(j) paragraph 49 of Schedule 5 so far as not already in force.

3. The following provisions of the Act come into force on 31st January 2018—

(a) sections 1 to 6 (unexplained wealth orders);

(b) sections 7 and 8 (disclosure orders);

(c) section 13 (unlawful conduct: gross human rights abuses or violations);

(d) section 16 (forfeiture of money held in bank and building society accounts) so far as not already in force;

(e) section 17 (Serious Fraud Office) so far as it relates to paragraphs (x) to (aa);

(f) sections 19 to 21 (extension of powers) so far as section 21 is not already in force;

(g) section 22 (search and seizure warrants: assault and obstruction offences) except so far as it inserts section 356A(3)(b) and (4)(b) into POCA;

(h) section 23 (assault and obstruction offence in relation to SFO officers) except so far as it inserts section 453B(3)(b) and (4)(b) into POCA;

(i) section 24 (external requests, orders and investigations);

(j) section 25 (obstruction offence in relation to immigration officers) except so far as it inserts section 453C(2)(c) into POCA;

(k) section 26 (seized money: England and Wales);

(l) section 29 (recovery orders relating to heritable property) so far as not already in force;

(m) section 31(1) (accredited financial investigators) so far as it is relevant to paragraph (n);

(n) section 31(2) and (4);

(o) section 32(1) and (7) (reconsideration of discharged orders) so far as it is relevant to paragraph (p) and section 32(4) of the Act;

(p) section 32(2) and (3);

(q) section 33 (confiscation investigations: determination of the available amount);

(r) section 34(1) (confiscation orders and civil recovery: minor amendments) so far as it is relevant to paragraph (s) and section 34(3) of the Act;

(s) section 34(2) and (5) to (11);

(t) section 35 (disclosure orders);

(u) section 38 (forfeiture of terrorist cash) so far as not already in force;

(v) sections 39 (forfeiture of certain personal (or moveable) property) and 40 (forfeiture of money held in bank and building society accounts) so far as not already in force;

(w) section 53 and paragraph 17 of Schedule 5 (minor and consequential amendments) so far as they are relevant to provisions coming into force on 31st January 2018 as provided for by regulation 5;

(x) paragraph 1 of Schedule 1 (powers of members of staff of the Serious Fraud Office) so far as it is relevant to paragraphs (y) to (aa);

(y) paragraph 2(1) of Schedule 1 so far as it is relevant to paragraph (z);

(z) paragraph 2(2) and (3) of Schedule 1 so far as it inserts references to Part 2 of POCA;

(aa) paragraphs 3 to 6 and 11 to 26 of Schedule 1;

(bb) Schedule 2 (disclosure orders);

(cc) Schedule 3 (forfeiture of certain personal (or moveable) property) so far as not already in force;

(dd) Schedule 4 (forfeiture of money held in bank and building society accounts) so far as not already in force.

 

Joint obtaining & multiple recovery: Some lessons from AHMAD and the Supreme Court ruling

On 21st November Abigail Coghill-Smith spoke at a 2-day Conference organised by The Serious & Organised Crime Exchange [SOCEX] in Nottingham.  Addressing well over 300 attendees involved in Fraud and Financial Investigation from Police Forces, HMRC, NCA and all government law enforcement agencies including policy makers, managers and practitioners.  Abigail focussed on the practical lessons that can be learnt from the implementation of the Supreme Court ruling and identified areas of best practice that arise, ranging from restraint orders, s.16 and s.18 statements in confiscation, to all aspects of enforcement of confiscation orders.

The SOCEX Conference is organised to disseminate best practice at the cutting edge of current and emerging threats in financial crime.

To instruct Abigail in any of the issues raised (http://33knowledge.com/barristers/abigail-coghill-smith/) please email acs@33cllaw.com or speak directly with her Practice Managers on +44 (0) 20 7440 9950 or via clerks@33cllaw.com .