1
Type Speaker CPD Hours Level
5 UpdateInformation
Accreditation Information
SRA Competency B

Introduction

This live virtual classroom conference chaired by Andy Evans, and with a panel of experts, will examine a range of topical issues including international evidence gathering in fraud investigations and the reopening of historic confiscation orders.

Each session will provide opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: Reopening Historic Confiscation Orders

Andy Evans, 18 St John Street Chambers

Confiscation orders under the Proceeds of Crime Act 2002 have now been routine in Crown Courts for well over a decade. Many clients, both corporate and individual, have in the past been subject to such an order.

An order which comes in two parts, for years legal advice had been to plead poverty and pay off a small ‘available amount’ and not to fight the ‘benefit figure’ as it was based on undefeatable legal fictions. This is no longer safe advice.

Police and other prosecuting authorities now routinely make applications to reopen historic confiscation orders to seek to recoup the value of the agreed ‘benefit figure’ from assets accrued since the settling of the order.

This session will include:

  • How a confiscation order works - the interrelationship between ‘benefit figure’ and ‘available amount’
  • How to spot when an application to reopen is about to be made
  • The key elements of recent caselaw governing when, and in what value, a reopening can be granted:
    • How long is too long?
    • What if the assets accrued can be shown to be perfectly lawful?
    • What if the ‘benefit figure’ sought to be accrued is based on old, overturned law?
    • What of the basic aim of the court to rehabilitate offenders to lead profitable, tax paying lives?

    AM break

    11.10am -12.10pm: POCA Section 10A Applications

    Sarah Wood, 5 St Andrew’s Hill

    Section 10A applications in POCA proceedings are becoming increasingly common and more complicated.

    This session will consider the statutory regime, most recent caselaw and the inter-relationship between Section 10A applications and other applications within both the POCA regime and more widely.

    It will provide practical tips on the types of applications that can be made and the legal basis for them, together with some tactical suggestions as to when to make a section 10A application and when to seek an alternative remedy.

    This session will include:

  • POCA 2002 section 10A
  • Consideration of the most recent caselaw governing section 10A applications
  • Overlap between section 10A applications and other POCA applications
  • Inter-relationship between section 10A applications and other proceedings (for example, family and TOLATA proceedings)
  • Practical tips on how to approach a section 10A application, including a consideration of the relevant Criminal Procedure Rules
  • When to make a section 10A application and when to go elsewhere
  • Appealing a section 10A application
  • 12.10pm -1.10pm: Crime, the Internet & Big Data - Will Your Business be Victorious or a Victim?

    Dr Stephen Hill, Hill Bingham Ltd

    Rapid technological shifts are revolutionising the way we conduct business, for better and for worse.

    This session will navigate the potential cyber security vulnerabilities and threats that your business faces in the connected world we operate in today.

    In this session you will learn how to protect your digital identity to safeguard your business and will be able to:

  • Understand the current threats of cybercrime in 2021
  • Identify how cybercrime could affect you and your organisation
  • Protect your organisation from cybercrime with effective preventative techniques for working at home
  • Highlight privacy concerns online
  • Break for lunch

    2-3pm: UK/US Cooperation in Property Forfeiture & Money Laundering Investigations

    Anita Clifford, Bright Line Law Services

    The recent case of NCA v Aziz, Red Granite Pictures and Z Limited [2020], handed down in November 2020, highlights the scope for close cooperation between UK and US enforcement authorities in relation to property recovery and money laundering investigations, with consequences for property located in the UK.

    Following a request by the US authorities in connection with the 1MBD fraud, the NCA was successful in obtaining an order restraining high-value collectibles in the UK.

    This session will include:

  • The statutory regime for obtaining a property prohibition order in the UK in connection with a US investigation
  • The conditions that must be satisfied before a property prohibition order can be made
  • Areas of tenderness for those contemplating challenging any such order
  • Scope for a US investigation to lead to the extension of the SAR moratorium period in the UK and consequences for the regulated sector
  • PM Break

    3.15-4.15pm International Evidence Gathering in Fraud Investigations

    Nick Vamos, Peters & Peters LLP

    In February 2021 the Supreme Court ruled in KBR v SFO that section 2 notices, which are the SFO’s main tool for evidence gathering, do not have extra-territorial effect and cannot be used to compel foreign companies with no UK presence to produce records held overseas. The judgment has muddied even further the already murky waters of international evidence gathering in major fraud investigations.

    This session will cover the legal and practical frameworks for cross-border evidence-gathering, analyse their strengths and weaknesses and consider potential future developments.

    This session will include:

  • The Supreme Court’s reasoning in KBR
  • How the judgment applies to s2 notices in different, common scenarios
  • Unresolved questions left by the Court and future potential litigation
  • Alternatives to the SFO’s use of s2 notices:
    • Mutual legal assistance
    • Overseas production orders
    • Voluntary co-operation to obtain a deferred prosecution agreement
  • Potential future developments

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.

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Learn Live | 17.12.2021

N/A | 10:00am - 4:15pm


Business Crime - 2021 Virtual Conference

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Dec
17
2021
 
10:00am - 4:15pm

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Discounts are available for multiple places. If you have 5 or more people interested in participating in this virtual learning session please email us at information@mblseminars.com for more information.

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