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Trends in Anti-Fraud Investigations in Europe

The European Anti-Fraud Office (OLAF) is the body responsible for protecting the EU’s financial interests. It has two main focuses: to investigate fraud involving EU expenditure, and to investigate corruption involving the staff of EU institutions. Its jurisdiction spans the entirety of the EU and it closely collaborates with EU institutions and the national authorities and law enforcement agencies of each member state to fight cross-border fraud.

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Disclosure Failures in Sexual Offence Cases

At the beginning of this year, the BBC discovered that the Crown Prosecution Service (CPS) had dropped over 900 rape and sexual offences cases in 2016-17 (almost double the figure in 2014-15) because of failures in the disclosure process. The revelation followed the publication of two reports in 2017 (the HMCPSI and HMIC joint inspectorate report on disclosure of unused material, and the Mouncher investigation report) that were scathing of how the police and CPS share information with the defence and handle disclosure.

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No Improvement in Scale of Bribery and Corruption, but Enforcement on the Rise

Last month, EY published its 15th Global Fraud Survey, Integrity in the Spotlight – the future of compliance. The results are damning. Despite more active enforcement, amounting to over $11bn of penalties imposed by regulators and law enforcement agencies worldwide, there has been no improvement in the scale of bribery and corruption since 2012. In the UK, levels seem to be on the rise, even though the UK Bribery Act, which introduced much stronger anti-bribery laws and has been described as one of the toughest pieces of anti-corruption legislation in the world, came into force in 2011.

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Appeals and Renewal Applications – What Criminal Defence Lawyers Should and Should not do

In the recent case R v James [2018] EWCA Crim 285, three applications for leave to appeal were joined together because they all shared a similar feature that had nothing to do with fresh evidence or the nature of the crimes the applicants were convicted of – all the lawyers were ‘fresh lawyers’, in the sense that they hadn’t represented the accused at trial or in relation to an initial application to appeal, and were looking to renew these refused applications by lodging new grounds.

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Official Report Shows Holiday Booking Fraud on the Rise

A recent report created by Action Fraud, the UK’s national fraud and cyber crime reporting centre, revealed that in 2017 holiday fraud in the UK amounted to £6.7 million, with 4,700 holidaymakers affected. The average amount lost per person, at above £1,500, represents a 25% rise from the previous year. Further, Action Fraud’s report revealed that victims of holiday booking fraud claimed the impact of the crime had gone beyond just financial, with some saying it had also affected their health.

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Latest News

19 June 2018

Last month, EY published its 15th Global Fraud Survey, Integrity in the Spotlight – the future of compliance. The results.

08 May 2018

A recent report created by Action Fraud, the UK’s national fraud and cyber crime reporting centre, revealed that in 2017 .

Testimonials

Chambers & Partners 2018 - Rated as Band 2

"Noted for his representation of accountants and other professionals in complex fraud cases. He is adept at handling cases concerning carousel fraud, MTIC fraud and banking fraud. Strengths: 'He's analytical and indefatigable.'"

Anonymous - Alleged historic sexual abuse, October 2017, not guilty verdict

"I believe Mr Mark Kelly to be a truly outstanding professional. I felt entirely safe in his hands at all times. The jury reached unanimous not-guilty verdicts on all three charges in less than 45 minutes. I would stress that this testimonial is not based on the outcome alone; I had already expressed my gratitude to Mr Kelly before the final trial day and would have said the same whatever the outcome."