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Lewis Nedas Law are London-based solicitors, frequently rated in both Chambers UK and The Legal 500. With over 30 years’ experience as specialist solicitors in central London, UK, we can help you or your business today. Tel: 020 7387 2032.
JUL
16

Can Cash Still Be King? – by Siobhain Egan

Individuals and businesses alike are feeling the aftershocks of recent banking and money laundering scandals. Their banks are suddenly becoming hyper-vigilant and are choosing to close their accounts with limited notice periods because they believe that their customers are now operating at unacceptable risk levels.

Mr and Mrs Shah (Shah v HSBC) found, to their enormous financial cost, the consequences of having a SAR made against them by their bank.

New money laundering regulations are due to be enforced; the National Crime Agency has pledged to make money laundering offences their priority when they launch in 2013. Increasingly, aggressive regulators and prosecuting authorities are working together with the major financial institutions.

Suppose you found yourself in the position of making a SAR concerning a client or customer. Would you also be open to civil action for any loss that they sustained because of your decision to report them?

So, how do you protect yourself and your business?

You will need to be fully compliant with ALL financial crime regulation including fraud, market abuse, tax offences, bribery and corruption. It is imperative that you have specific systems and procedures in place that are tailored to your business; systems which are detailed, transparent and show a clear audit trial supporting your decision to make a SAR (or not), for example.

It certainly will not be enough to download an “off the peg” AML compliance programme or to seek advice from your company lawyer or audit accountant.

It is not sufficient to assure yourself that you recognise the following abbreviations: PEP, SAR, AML, MLRO or KYC.

If you deal with other jurisdictions, are you aware of their individual money laundering regulations?

You will need independent advice and help from specialist solicitors and forensic accountants who are up to date with all policy changes in this area, who can assist you if you suspect a financial crime has been committed and who is au fait with the rapid changes in fraudulent/criminal behaviour.

We have been defending serious financial crime allegations for over thirty years and, working alongside the very best forensic accountants, can advise on all the necessary regulatory systems to protect you and your business: compliance advice from a firm that has thirty years experience of dealing with regulators and prosecutors alike.

As for cash... it has relinquished its throne some time ago!

If you require any advice please contact Jeffrey Lewis or Siobhain Egan.

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JUL
16

Lewis Nedas Law Instructed to Advise and Represent Clients Facing FSA

We have been instructed by three individuals facing separate matters involving the FSA in the last two weeks.

Contact Jeffrey Lewis or Siobhain Egan.

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JUL
12

Extradition Success for Polish Client

Leila Rasool represented a client who was arrested in September 2011 on a European Arrest Warrant. The requesting authority sought his extradition to serve the remainder of a three-year prison sentence imposed in June 1995 for an offence of robbery committed in 1993 when our client was 18 years old. The balance on the sentence to serve is one year, nine months and fifteen days.

The extradition was contested on four grounds, namely:

  1. Section 14: Passage of time;
  2. Section 25: Oppressive because of health;
  3. Article 8 of the Human Rights Act: The right to a private life;
  4. Limitation period.

Following several adjourned hearings before Westminster Magistrates’ Court, our client was discharged by Senior District Judge Riddle on 2 July 2012 on the basis that in the circumstances extradition would be oppressive pursuant to Section 25 of the Extradition Act 2003. Factors he considered in coming to this decision were:

  1. The offence took place nearly 19 years ago;
  2. Our client had served 14 months in custody;
  3. He has been in the community for 18 years and has not been convicted of any offence since;
  4. He was released from prison and for 6/7 years considered mentally unfit to serve a prison sentence;
  5. In 2004/5 his health improved to extent he was deemed for to serve his sentence. He then fled to the UK and has since lived a productive life. He has a business, a wife, a ten-year-old child, and a baby on the way;
  6. If he was returned to Poland and to custody his health would almost certainly deteriorate and he would become a suicide risk (during current proceedings our client was hospitalised at a psychiatric hospital for a period);
  7. If he remains here without the risk of extradition, his health will improve as it did in the past.

The Requesting Authority indicated they wished to appeal the decision; however, within two days of the hearing the CPS advised the defence that they no longer intended to pursue an appeal.

Our client was superbly represented in court by Corinne Bramwell of 9 Bedford Row.

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JUL
12

Superb Fraud Acquittal

Miles Herman represented a suspect concerning an investigation into offences of fraud and money laundering involving the setting up of entities to process the proceeds of various internet-based crimes. The allegations centred on the laundering of proceeds from fraud on the internet via high risk internet websites. The investigation was undertaken by the Money Laundering Investigating Team SCD6 the Economic Specialist Crime Unit at Scotland Yard.

The suspect received specialist and decisive advice throughout the investigation at the end of which a decision was made. There was no reasonable prospect of a conviction. Throughout there was close liaison with the investigation team in what was a protracted and complex enquiry.

If you require advice in relation to fraud and money laundering investigations undertaken by Scotland Yard, SFO, FSA, or any other serious crime agencies please contact Miles Herman, Jeffrey Lewis, Siobhain Egan or Keith Wood for special advice in these matters.

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JUL
12

Cyber-Fraud Sentencing Success

Miles Herman was instructed in the case of Pavel Cyganok who was subject of police code name ‘Operation Crossbill’ concerned with a complex network of domains, command and control servers, and associated malicious programmes directed at the promotion of fraud through the internet. Following a highly complex and lengthy investigation Mr Cyganok was charged with various offences relating to the unlawful interception of computers.

A yearlong case culminated with sentences being passed at the Central Criminal Court. These sentences were imposed following lengthy negotiations between the defence and the prosecution concerning Mr Cyganok’s role in this enquiry.

Lewis Nedas are at the forefront in representing defendants facing computer-related crime, be it malicious interception of computers, or supplying software for the use or in connection with fraud. In addition they are experts at dealing with the consequential offences of conspiracy to defraud and concealing criminal property, which relate to the concealment and onward distribution of the proceeds of the fraudulent conduct relating to the interception of computers.

The case was investigated by the Special Casework Division of Crown Prosecution Service and the E-Crime Unit of the Computer Crime Team.

See the BBC News coverage here.

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