Podcast Location:
Download it here [file size: 34 MB]
Categories:
Tax Law
Fraud, Financial Crime & Anti-Money Laundering
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This pair of podcast with expert Jonathon Fisher QC who specialising in tax investigations, business crime, commercial fraud and money laundering reviews the legislative framework and key legal concepts that have developed as the law has attempt to identify and stamp-out the benefits derived from criminal conduct. Part 2 focuses on the key tax aspects of the proceeds of crime, looking at the consequences of ‘criminal lifestyle’ offences and the confiscation of criminal property.

Outcomes:
After completing the course you will:
  • Be aware how money ‘illegally’ obtained from the public purse;
  • How does handling the proceeds of drug crime fit in with tax crime and how is such activity usually identified?;
  • Understand the statutory basis for a confiscation order;
  • Know how effective the POCA regime is at bringing successful prosecutions;
  • Understand what is meant by a ‘lifestyle offence’ and what assumptions are the courts permitted to make about such defendants in such cases;
  • Be aware of some recent interesting case law on lifestyle offences;
  • Understand how the confiscation regime applies to tax evasion;
  • Be aware of the possibility of double recovery using confiscation powers in tax evasion cases;
  • Understand the civil recover powers regime in part 5 of POCA.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Proceeds of Crime Act 2002 ss40, 41, 42 Parts 2, 5, 6, 7;
  • Shah v HSBC Private Bank (UK) Ltd [2011] EWCA Civ 1154;
  • Money Laundering Regulations 2007;
  • R v Steed [2011] EWCA Crim 75;
  • Eastenders Cash & Carry Plc & Ors v HM Revenue & Customs [2012] EWCA Civ 15;
  • R v Dimsey; R v Allen [2000] 1 Cr App Rep 203;
  • R v May [2008] UKHL 28, 29, 30.
Tags:

This pair of podcast with expert Jonathon Fisher QC who specialises in tax investigations, business crime, commercial fraud and money laundering, reviews the legislative framework and key legal concepts that have developed as the law has attempt to identify and stamp-out the benefits derived from criminal conduct. Part 1 focuses on the money laundering offences with Part 2 focusing more on the taxation angle of the proceeds of crime and confiscation of criminal property.

Podcast recorded: 30/01/12

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