header-logo header-logo

25 May 2018 / David Corker
Issue: 7794 / Categories: Features , Fraud , Criminal , Commercial
printer mail-detail

Why UWOs & tax evasion are not what really matter

nlj_7794_corker

The authorities muster their forces to tackle ‘dirty money’. David Corker remains unimpressed

The Criminal Finances Act 2017 (CFA) is the most significant criminal fraud statute for many years. While the Criminal Justice Act 2003 affected criminal law changes in relation to hearsay, bad character and disclosure, there was no specific focus on fraud. Although the Fraud Act 2006 and the Bribery Act 2010 are noteworthy, their effects are limited. The former was enacted partly to abolish recourse to the common law offence of conspiracy to defraud, an enduring Serious Fraud Office (SFO) favourite. The bribery statute, a key milestone in the expanded model of corporate criminal liability, is otherwise narrowly focused.

Unexplained wealth orders

Chapter 1 of Part 1 and Part 3 of the CFA are key provisions. The former concerns unexplained wealth orders (UWOs). Within a month of being implemented, the National Crime Agency proclaimed that it had obtained two of these. Part 3 concerns the new corporate criminal offence: facilitation of tax evasion. Only

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll