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Permission to Visit - Goldilocks and the Three Bank Statements
Robert Houchill
At the end of last year the National Crime Agency published its annual report on Suspicious Activity Reports (SARs) for 2018. Media reporting (such as in the FT, subscription required), on the annual report has focussed, amongst other things, on the relatively small proportion of SARs made by lawyers. Is this a fair criticism and, if so, what is the reason for it?
On 18th January 2019 Kingsley Napley will host its second International Criminal Law Conference, at The Charterhouse in Clerkenwell. The afternoon event, introduced by Rodney Dixon QC, will see two expert panels consider themes under the heading “Closing the Impunity Gap: Accountability for individuals and corporates for international crimes.”
The significant sentence handed down (4th January, 2019) to a solicitor after being found guilty of three offences of money laundering shows that law enforcement is serious about cracking down on “professional enablers”. Scott McKay was sentenced to seven years imprisonment for money laundering committed in the course of his business as a conveyancing solicitor. It is reported that his conviction related to his work in the purchase of over eighty properties bought on behalf of members of a criminal gang.
The Overseas Production Order (OPO) marks a sea-change in the ability of law enforcement to gather electronic evidence overseas. Introduced under the Crime (Overseas Production Order) Bill this would give law enforcement agencies and prosecutors the power to apply for an OPO to obtain electronic data directly from service providers based outside the UK for the purposes of criminal investigations and prosecutions for serious crime. This is a radical departure from the current mutual legal assistance regime.
This morning, 19th December 2018, the High Court refused the extradition of Alexey Shmatko to the Russian Federation finding, despite assurances from the Federation, that there was a very strong possibility that if extradited he would be held in conditions that were not compliant with Article 3 and further that the absence of any effective monitoring of prisons conditions in the area of Russia to which he would be returned only increased this possibility.
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