NEWS & EVENTS

1 October 2020

Dear Young Fraud Lawyers,

Welcome to the 2020-21 YFLA membership year. I am truly honoured to be serving as your Chair this year and extend a very warm welcome to all of you, whether you are new or continuing members.

Socials:

Last year we had some brilliant social events pre-lockdown and we were delighted to see so many of you there. We hosted our Winter social at The Vestry and our Spring Social at The Kingpin Suite. Post-lockdown there was a virtual quiz (a first for the YFLA). I would like to thank our absolutely excellent Social Secretaries, Katie and Rebecca, for all of their hard work in finding the venues, arranging all of the food and drink (which we all overindulged in), and hosting some unforgettable evenings.

We are very lucky that they have agreed to stay in their posts for another year and they already have some brilliant and innovative ideas about how we can run socials in this new Covid-19 world in which we live. We, as a committee, know that many of you join the YFLA for
networking opportunities. The YFLA has a strong history of forging lasting professional (and personal) relationships between solicitors, firms, and members of the Bar which benefit our members professionally and personally for many years. We have not lost sight of this and will do everything in our power to ensure that you have these networking opportunities over the coming membership year, whilst staying safe and following whatever rules or guidance the Government deems appropriate.

Educationals:

James (the YFLA’s new Vice Chair) and I had the pleasure of serving as your Educational Secretaries and arranging three educationals (both in person and virtual) on ‘Cross-Jurisdictional Enforcement Post Brexit’, ‘The Impact of Covid-19’, and ‘Criminal Liability
Following Barclays’. I would like to thank James for all of his hard work in organising these events with me. I am looking forward to working closely with him once again this year. The educational baton has now been passed to our fantastic new Educational Secretaries,
Gareth and Matthew, who will provide you with three more interesting and relevant educations covering a range of civil and criminal matters.

Publicity:

Educationals and socials aren’t all we offer; Philip, our Publicity Officer, will continue to expertly curate and publish the YFLA newsletter, for which contributions and articles from all members are invited (and encouraged!). It is definitely worth a read – no doubt all of you have been reading it already – and previous issues can be found on our website (under ‘News and Events’).

Please do keep up to date by following us on:

– Our website: www.yfla.com
– Twitter (@YoungFraudLaw), and
– On LinkedIn.

Thank You, Goodbye, and Welcome:

I would like to thank all members of the Committee for all their commitment over the last year. I would like to thank Chris for taking up the role of Treasurer this year and Francesca, our fantastic Membership Secretary, who has kindly agreed to stay in post for another year and keep us on track. Her passion and organisation have meant that, even in these particularly tricky times, the YFLA’s membership has continued to grow. Special thanks go to Richard Clayman, Michael Roach and Josh Normanton who have decided to step down from the Committee this year. They have served the committee exceptionally for many years and they will be sorely missed.

Lastly, but by no means least, it is my pleasure to welcome Max Hobbs, Natalie Bird, and Tom Orange to the YFLA Committee. We all look forward to working with you.

Membership and Fees:

Sadly, we were unable to hold an in-person summer social or AGM last year. As a result, we did not spend as much as we otherwise would have done. We, as a Committee, have decided to pass those savings onto you. As a result, we are offering a reduced membership fee of £20 if you join on or before 31 December 2020. From 1 January 2021 onwards the membership fee will return to the usual £40.

Membership is open to:

– Solicitors, trainees, legal executives, and paralegals of 10 years practice,
– Barristers and pupils of up to, and including, 12 years call, and
– Professional academics.

If you have any questions, comments or suggestions, please do not hesitate to contact me or the committee directly.

Yours,

Bella
(Arabella MacDonald), Chair

Dear YFLA Members,

Please see the link below for the YFLA July 2020 Newsletter.

This issue contains a number of excellent contributions covering both criminal and civil developments and drawing from the YFLA’s solicitor and barrister membership.

• Richard Clayman (Kingsley Napley LLP) has produced a fascinating read in which he explores whether lockdown is causing more fraud and whether Lord Sumption’s Covid-19 interventions match his so highly respected judgments. Members are invited to arrive at their own conclusions, but, as ever, Mr Clayman’s intervention is clever, researched and witty.
• Jessica Foley and Imtiyaz Chowdhury (both of CMS Cameron McKenna Nabarro Olswang LLP) have written a detailed and engaging piece on Account Freezing Orders. Their article is an important read for those interested in this enforcement power, which is often overlooked in risk analyses.
• Alice McDonald (Peters & Peters Solicitors LLP) has contributed an excellent case study which explores human rights arguments in the context of procedural aspects to fraud litigation. Her thoughtful summary of a decision in the RP Explorer litigation currently before the Commercial Court will be helpful as well as hopeful reading to those instructed late and on behalf of recalcitrant defendants.
• Yasin Patel and Amy Hazlewood (both of Church Court Chambers) close off the newsletter where it started: fraud arising out of Covid-19. The article is a must-read for the YFLA’s criminal membership who are anticipating which specific criminal offences are likely to arise in a Covid-19 era. The article is thoroughly researched and commends itself to a careful reading.

Sincere thanks are due to all of our excellent contributors. We hope you enjoy their fine work and encourage all members to volunteer articles for future newsletters.

Dear All,

We hope you are all suitably excited for next week’s YFLA virtual quiz. Things will be kicking off at 19:30 next Thursday, 2 July 2020.

We have a variety of fun rounds planned – each hosted by different YFLA committee members – as well as some great prizes lined up for teams coming in 1^st, 2^nd and 3^rd place (not all alcohol related). To sign up, simply RSVP by emailing social@yfla.com before COB on 1 July.

Teams are a maximum of 6 and you are welcome to attempt to organise your own teams beforehand, simply let us know who you want to play with. The quiz is open to all – not just YFLA members – so please feel free to extend the invite to other members of your team, firm, or even your family.

If you have already formed a full team, please could one member email us and CC the email addresses of their other team members, so that we can sign you up together. Same goes if you have a small group (2 or 3) but are willing to be paired with others – again please email us CC’ing in the emails of others in your group but highlight in the body of the email that you want to be put into a group with others. If you simply RSVP on behalf of yourself, we will randomly place you in a team before the night.

We will confirm teams during the morning of 2 July.

The quiz itself will be taking place via Zoom and you will need to establish a method of communicating with your team beforehand, so we would suggest allowing yourself a bit of time before we are due to start to get organised and for team introductions. This could be via a separate zoom session, Skype, Teams, WhatsApp or phone call.

As mentioned in our save the date email, we are not charging for taking part in this quiz, but we would encourage anyone wishing to take part to donate a minimum of £5 to one (or both) of our two chosen charities: Junius S. Morgan Benevolent Fund and Rainbow Noir

Dear All,

We have a brilliant ‘Virtual Educational’ lined up for you on 30 June 2020.

Richard Lissack QC, Crispin Aylett QC and Ben FitzGerald (the Barclays team) will speak to us about criminal liability after Barclays. Please see the link below for further details.

If you would like to attend, please send an email to this address (educational@yfla.com) and we will send you an email with the Zoom link and password. The set up will be the same as before: a zoom webinar followed by a virtual forum (for those that would like to socialise afterwards). You won’t be seen during the webinar itself, unless you’re brought up onto the screen to ask a question.

There will be a number of ways to ask questions (1) you can send questions in advance, (2) you can write questions in the ‘Q&A’ section during the talk, or (3) you can ‘Raise your hand’ during the talk and you will be brought up on screen once the speakers have finished to ask your own question.

We have limited space on the conference call (a capacity of 100) so do sign up quickly if you would like a space.

Dear Members,

We have organised our first virtual educational on Monday 15 June and it couldn’t be more topical.  If you’d like to dial in, please drop us an email (educational@yfla.com) and we’ll ensure that you’re sent a link.  The talk will be in webinar form, however you will be able to ask questions.  After the webinar, there will be a ‘virtual forum’ so you can catch up with one another and have a ‘virtual’ drink or two.

Mark Fenhalls QC (current leader of the South Eastern circuit, newly elected Vice Chair of the Bar Council, and former chairman of the FLA), who has been at the forefront of the efforts to re-open the criminal courts, will give us the latest information from the front line.  Philip Stott, a leading junior barrister at QEB Hollis Whiteman (junior counsel in the prosecution of the Hatton Garden burglars and in the recent SFO prosecution of executives of Barclays, to name but two cases) is widely recognised to be a leading authority on the Covid-19 regulations, having produced numerous briefing notes throughout the pandemic.  Philip will provide us with an update on the law, regulations, and relevant case law.

Please see the link below for further details.

The YFLA proudly supports the work of the London Legal Support Trust in ensuring access to justice for all.  Congratulations to committee members Josh Normanton, Francesca Cassidy-Taylor, Chris Gribbin and Chris du Boulay for completing the 10,000 virtual steps for justice.  We look forward to walking with everyone in the London Legal Walk on 5 October.  Please donate to the LLST here: https://uk.virginmoneygiving.com/YFLA20 or contact us to walk with the YFLA in October

YFLA members,

Please see below for a link to the YFLA May Newsletter.

This issue contains a number of excellent contributions covering both criminal and civil developments and drawing from the YFLA’s solicitor and barrister membership.

• Gareth Hall (Greenberg Traurig LLP) and Max Hobbs (MacFarlanes LLP) have offered an impressively researched piece on ss.327-329 POCA 2002 in their article ‘Submitting a SAR- What if I don’t?. The article provides great ammunition for those advising in that area.
• Edmund Gross (Furnival Chambers) has provided a succinct and insightful case summary of NCA –v- Baker in ‘Unexplained Wealth Order setback for the National Crime Agency’. It is particularly worth a read given that some of the key lawyers involved in that case are YFLA members.
• Emily Wright (Mishcon de Reya LLP) has an engaging and politically astute analysis of recent trends in financial crime monitoring in ‘FATF urges UAE action on Anti-Money Laundering and Counter-Terrorism financing’. In light of the close connections between the UAE and UK, the article is as important as it is polished.
• James Gardner (Twenty Essex) has contributed an excellent and timely piece on a recent decision in the Tonstate litigation, and how costs battles can be used by fraud claimants. His erudite ‘Costs and Debarring Orders in Fraud Litigation’ is a must-read for the YFLA’s civil fraud practitioners.
• Stefan Ansah (Peters & Peters Solicitors LLP) has given an intriguing and thoughtful narrative of the NCAs use of UWOs, not least against organised criminals, in his ‘Unexplained Wealth Orders: The Story so Far’. One can see McMafia Season 2 coming soon, no doubt with assistance from this great contribution.
• Ryan Ferro (3 Verulam Buildings) has provided the newsletter’s designated ‘long-read/think piece’, looking in detail at the state of the law on Quincecare duties which are so important in recovering fraud proceeds. His article entitled ‘The Quincecare Lacunae’ is detailed, thoughtful and persuasive in all respects.

Sincere thanks are due to all of our excellent contributors. We hope you enjoy their fine work and encourage all members to volunteer articles for future newsletters.

Dear YFLA members,

Thanks to all those who joined us for our first “virtual forum” last week.  It was so great to catch up with you all, even if via video!

We thought that the evening was a great success and we have decided to hold them on a semi-regular basis going forward – with the next one taking place on Wednesday, 6 May.  We will be starting at 17:30 but please feel free to dip in and out as suits your schedule.

The purpose of the forum is to provide a virtual space for our members to catch up with the committee and other YFLA members and hopefully provide some solace whilst we are all on lockdown – whether that’s to discuss the current challenges in fraud law or to debate the best banana bread recipe – it’s really up to you!

Depending on numbers, we will organise “breakout rooms” to enable members to introduce themselves to each other in an environment free from the usual distractions and allow everyone to participate in the conversation.

If you are interested in joining, please email social@yfla.com, who will then send you the Zoom Meeting ID and password.

Please see below for an important letter about the YFLA’s activities for the remainder of the year in light of the coronavirus crisis.

Dear All

You’ve made it through January, now time to shake off those winter blues, so join us at the Spring Social, and bring your bowling shoes!*

Join us at The Kingpin Suite, 55 Tavistock Square, Bloomsbury, London WC1H 0JR on Wednesday 11 March 2020 for a fun-filled night of:

• Bowling
• Ping pong
• Air hockey
• Pool
• Arcade games
• Karaoke
• & More!

Please see the flyer below for further information and details on how to RSVP.

*figuratively speaking. Shoe hire is included. 

Dear Members,

Please see below for details of the YFLA’s next educational:

Topic: Cross-Jurisdictional Enforcement Post Brexit.  Exploring the future of extradition, mutual legal assistance and cross-jurisdictional co-operation and enforcement

When: 29th January 2020 at 18:30

Where: Arnold & Porter have kindly agreed to host

Speakers: Hugo Keith QC and Alison Riley

Chair: Kathleen Harris

If you would like to come to the event, please respond to educational@yfla.com ASAP.

YFLA Winter Newsletter 2019

Please see below for a link to the YFLA Winter Newsletter 2019, kindly sponsored by Colley Intelligence.

This issue contains some great contributions from civil and criminal practitioners, being:

• De-banking: what’s the appeal?: Katie Allard, Kingsley Napley LLP
• Overseas Production Orders and the Future of Electronic Evidence: Karl Laird, 6KBW College Hill
• When is theft not theft? The legal status of stealing information: Max Hobbs, Macfarlanes LLP
• Suspicious Activity Reports: The Law Commission’s View: Ellen Wright, 15 New Bridge Street
• Review of Maryam Hussein’s ‘Corporate Fraud: the Human Factor and how to engage juries in fraud trials: Bramble Badenach-Nicolson, 5 Paper Buildings

Our sincere thanks to all contributors for sharing their expertise with the YFLA membership.

GIR Discount for YFLA Members

The YFLA is pleased to announce that members are able to claim a 10% discount on tickets for the GIR Live London Winter event on 3 December 2019.

Further details on the event can be found on GIR’s website at the link below.

If members want to obtain this discount, please email Michael Roach on mroach@cahill.com.

The YFLA is delighted to invite you to our 2019 Winter Social on 5 December 2019 at The Vestry:

As we are now in the new YFLA year, please see below for links to the membership application forms for 2019/2020.  Annual membership includes four free educational events and four subsidised social events.

The Committee very much hopes that you join the Association this year.  If you have any queries relating to membership, please do not hesitate to contact us at Membership@yfla.com.

Please see below for a letter from the new Chair of the YFLA, Josh Normanton.

Dear all,

Please see below for a link to the YFLA Summer Newsletter 2019.

In this issue:

• Absent-Mindedness – The Alstom Appeal and the Future of the Identification Principle: Ryan Dowding, Three Raymond Buildings
• A Q&A with Neill Cooke, Ethics and Compliance Counsel at Rolls-Royce plc.: Michael Roach, Cahill Gordon & Reindel (UK) LLP
• The Serco DPA and Delayed Publication of its Statement of Facts: Steve Melrose and Shruti Chandhok, Gibson Dunn & Crutcher UK LLP
• Marking 100 years of Women in the Law: Dr. Mari Takayanagi, Senior Archivist at the Houses of Parliament
• The Reform of SARs – Less is More: Rhys Rosser, 2 Bedford Row

We hope that you enjoy the newsletter.  As always, special thanks goes to all those that contributed.

The tickets for the YFLA Annual Dinner 2019 are now on sale.

This year’s dinner will be at the fantastic Brewery, 52 Chiswell Street, London, EC1Y 4SD on 20 September 2019. It will be an amazing evening with a champagne reception, a spectacular 3 course meal, drinks before, during and after dinner plus live music.  Full details are available at the link below.

The YFLA is delighted to invite you to its first ever breakfast seminar, which is titled “FCA Enforcement: The Anatomy of an Investigation”.

The speakers will be: Claire Cross (Corker Binning), Oliver Powell (Outer Temple Chambers), and Max Hobbs (Macfarlanes).

Date: 25 July 2019. 

Time: 07:30am (registration – early but there will be coffee, fruit, and pastries)

Location: Outer Temple Chambers 

Further details can be found in the link below.

The YFLA is taking part in the London Legal Walk this year on Monday 17 June 2019 to raise money for legal charities in London and the South East.  The walk is 10km long and starts and ends in Carey Street behind the Royal Courts of Justice.  If you would like to join us, please send an email to Fran and Elena at FCassidy-Taylor@brownrudnick.com by 10 June 2019.

The YFLA is delighted to invite you to our 2019 Summer Social on 20 June 2019 at ROTUNDA Bar & Restaurant:

The YFLA is pleased to announce that John Gibson (now of Cohen & Gresser, formerly of the SFO) has been added to the panel of our educational tomorrow and that Tom Epps (Brown Rudnick) will now chair it.  Please see below for a link to a new flyer with further details.

Please see below for a link to the YFLA Spring Newsletter 2019.

In this issue:

• Competing Extradition Requests and Julian Assange – A case of first in first out?: Eamon McCarthy-Keen, Peters & Peters
• Omers Administration Corporation and others v Tesco plc – Tesco to disclose evidence compelled by the SFO during the DPA investigation: Victoria Gainza, 23 Essex Street
• Fraud v Finality – Big principles battle it out at the Supreme Court in Takhar v Gracefield Developments Limited & Ors: Richard Clayman, Peters & Peters
• The Case of Jimenez – Extraterritorial jurisdiction in a post-KBR world: Ryan Dowding, Three Raymond Buildings

We hope that you enjoy the newsletter.

The YFLA is delighted to invite you to our educational on 8 May 2019 on “The Future of DPAs (are they still an appropriate mechanism for disposing of corporate wrongdoing?)“, which will be hosted by Brown Rudnick.  Please see the link below for further details.

The YFLA is pleased to announce that its members can obtain an exclusive 25% discount on the book The Lawyer as Leader: How to own your career and lead in Law Firms.

Please see below for additional details on the book from its publisher.  To obtain your discount code, email Michael Roach (YFLA Publicity Secretary) at mroach@cahill.com.

*****

The Lawyer as Leader: How to own your career and lead in Law Firms is a practical, experience-based guide to personal development at every stage of a lawyer’s career.

Aimed specifically at young lawyers, topics covered include career planning, building “trusted adviser” client relationships, developing an internal support network, communication and feedback skills, project management, commerciality and understanding value from the client’s perspective. The report also discusses fulfilment, wellbeing and work-life balance.

This special report is above all practical and contains a wealth of tools and templates developed by the author for career planning, self appraisal and project management.

More details on the book can be found here:

https://www.globelawandbusiness.com/special-reports/the-lawyer-as-leader-how-to-own-your-career-and-lead-in-law-firms

The YFLA is pleased to announce that its members are able to benefit from a 10% discount on tickets for the 5th Annual GIR Live London event.  The event takes place on 4 April 2019 at One Bishops Square, London.

It is set to be a great event with Ali Sallaway (Freshfields) and Richard Sallybanks (BCL) chairing the day.  Mark Steward, Director of Enforcement and Market Oversight at the FCA, is the keynote speaker.  The full programme can be viewed via the link below.

To receive your discount code, please contact the YFLA Membership Secretary, Min Weaving, at min.weaving@mishcon.com.

The YFLA is delighted to invite you to our educational on 20 February 2019 on “Corporate Criminal Liability After Barclays“, which will be hosted by QEB Hollis Whiteman.  Please see the link below for further details.

Please see below for a link to an interesting article by YFLA members Khushaal Ved and Madeleine Parker from the Singapore office of Hogan Lovells on the effects of environmental corruption in Laos. .

Please see below for a link to the YFLA Winter Newsletter 2018.

In this issue:

• A Changing Landscape in Search and Seizure: Rupert Bowers QC, Doughty Street Chambers
• Brexit and the Extradition Backstop:Josie Welland, Rahman Ravelli
• A Q&A with Matthew Wagstaff, Joint Head of Bribery and Corruption at the SFO: Michael Roach, Cahill Gordon & Reindel (UK) LLP
• POCA and the Shift in Cannabis Laws – Time for a Rethink?: David Rundle, WilmerHale
• Revised CPS Code Draws Attention to the Importance of Disclosure in Charging Decisions: Diana Czugler, Peters and Peters
• Failure to Prevent Economic Crime – An Idea Whose Time Has Come?: Francis Bond, Macfarlanes LLP
• Market Practice and Dishonesty: Simon Camilleri, Fried, Frank, Harris, Shriver & Jacobson (London) LLP

We hope that you enjoy the newsletter.

The YFLA is delighted to invite you to our educational on 20 November 2018 to discuss the impact of the recent KBR judgment on the extraterritorial future of section 2 notices, which will be hosted by QEB Hollis Whiteman.  Please see the link below for further details.

The YFLA is delighted to invite you to our 2018 Winter Social on 6 December 2018 at The Hat and Tun: