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Articles by David Corker
David Corker Advises Jonathan Fisher KC on SBF Case for Improved Fraud Prosecution
Share David Corker has written an article for The New Law Journal & provides Jonathan Fisher KC with some useful pointers. The article explores: Challenges in prosecuting complex fraud cases, using the successful Bankman-Fried trial as an example. Key strategies for effective prosecution: leveraging insider testimony, offering cooperation deals, and streamlining case scope.
SKAT and the revenue rule
1 July 2021 Speed read In the recent High Court case of Skatteforvaltningen (Danish Customs and Tax Administration) v Solo Capital Partners LLP, the claim by the Danish tax authority (SKAT) claim for the repayment of reclaimed withholding tax was dismissed on grounds it contravened the ‘revenue rule’ which prevents English courts from enforcing a revenue law of another jurisdiction.
A crack of light into the FCA’s cum-ex approach
David Corker and Claire Cross 15 March 2021 David Corker and Claire Cross Corker Binning partners David Corker and Claire Cross discuss a busy year in relation to the fallout from the cum-ex trading scandal, as a new case sheds light onto the Financial Conduct Authority's "leisurely" approach to commencing regulatory hostilities. There has been a lot of activity this year in relation to cum-ex and English law.
Cum-Ex Trading: Challenges for Regulators
“This was a collective case of thievery from state coffers”—so declared presiding Judge Roland Zickler of the Bonn criminal court in December 2019 at the trial of Martin Shields and Nicholas Diable, two British traders charged with aggravated tax evasion in Germany’s biggest post-war fraud prosecution. Although this was only a preliminary ruling at the time, it was also an accurate forecast, with both men being convicted in March 2020 in an accelerated judgment ahead of the coronavirus shutdown.
Could Prince Andrew be extradited to the US on sex trafficking charges?
1 November 2019 Could Prince Andrew be extradited to the US on sex trafficking charges?
Manslaughter Definitive Guideline | Corker Binning
Today (1 November 2018) the Sentencing Council’s Manslaughter Definitive Guideline (‘the Guideline’) comes into force. The Guideline is part of the series issued since 2004 and which, by virtue of the Coroners & Justice Act 2009, a sentencing court must follow except where it is in the interests of justice not to do so.
Edward Grange discusses establishing identity in extradition
On 24 June a Divisional Court (Aikens, LJ & Kenneth Parker, J) handed down judgment in the case of Prendi (aka Kola) v The Government of the Republic of Albania. For once, the central issue in this Albanian case was not whether the appellant would be entitled to a retrial, having been convicted in his absence. The appellant disputed being Mr Prendi. He asserted that he was Mr Kola and that the request for extradition from Albania was not for him.
Extradition Lawyer | Irish Court refuses US extradition | Corker Binning
“I am also fully satisfied that by being denied the opportunity for meaningful contact with others, the prisoner in solitary confinement is prevented from being fully human.
Edward Grange on the absence of an extradition treaty
A common misconception in international law is that if there is no extradition treaty in existence between two countries, then you cannot be detained pursuant to an extradition request or extradited. The recent arrest of Ahmed Mansour illustrates this misconception clearly. Mansour – an Al-Jazeera journalist – was arrested and detained in Germany as a result of an Egyptian arrest warrant.
Fast Track Extradition just got faster
The Chief Magistrate of England and Wales has proposed moving to a system of listing extradition cases within 21 days of the requested person’s arrest in an attempt to meet the UK’s international obligations. There are likely to be implications to this policy for defence practitioners, who are accustomed to having the luxury of several months in which to prepare their case, gather evidence and present arguments to challenge extradition requests in European Arrest Warrant (EAW) cases.
Extradition to Russia
Fyodor Dostoyevsky once said, “The degree of civilisation in a society is revealed by entering its prisons”. 136 years after his death, Russian civilisation would not be judged well by these standards. This article examines the impact of the decision of the High Court in the case of Dzgoev v. Russia on future arguments that Russian prison conditions violate a prisoner’s art.3 rights.
Eavesdropping Ban Encourages a Culture of International Law
Admissibility of evidence obtained by less than acceptable standards is often debated in courts. In light of s56 of the Investigatory Powers Act 2016 (IPA), which came into force on 27 June 2018, David Corker of Corker Binning stresses the importance of eavesdropping evidence in court with some prime case studies. Criminal justice systems need rules about what can be adduced as evidence.
UK ban on eavesdropping encourages a culture of international law enforcement arbitrage | Lexology
Every ordered system of criminal justice has to have rules concerning what information can be adduced as evidence in court proceedings. In our system these rules are promulgated by the common law and in recent years, increasingly by statute. These two systems have largely comfortably coincided.
Stand by your man? The clash of criminal law and family law concerning inter-spousal transfers of assets
If this couple's marriage had subsequently broken down and divorce proceedings ensued, one would not need to be versed in family law to know that it would be very unlikely that a family court would hold that the house belonged solely to the husband, and that the wife and infant child should be left destitute.
Why UWO's and tax evasion are not what really matter
The Criminal Finances Act 2017 (CFA) is probably the most significant statute in relation to criminal fraud since the Proceeds of Crime Act 2002 (POCA). Whilst the Criminal Justice Act 2003 effected widespread changes in the criminal law in relation to hearsay, bad character and disclosure, none of these were focussed on fraud in particular. The Fraud Act 2006 and of course the Bribery Act 2010 are both significant but their effects are limited.
Latest failure to overturn SFO galvanises CPAW and enlarges accused’s access to exculpatory material | Lexology
Last week’s judgment in R(AL) v SFO [2018] EWHC 856 is the latest of several unsuccessful attempts to overturn a decision of the SFO by way of a judicial review (JR). However, in common with the Soma Gas and Oil challenge ([2016] EWHC 2471), this judgment is another example of the SFO losing by appearing to win. This article concerns how this judgment has altered the law relating to third party disclosure in criminal proceedings.
Lights, Camera, Legislative Action?
Recent months have seen a tidal wave of issues consuming the public consciousness on sexual misconduct and women’s rights. The Harvey Weinstein scandal, the #MeToo movement, the recent collapsed rape trials and the demise of the Presidents Club following sexual harassment allegations all feed into a growing concern about the disconnect between gender equality and the perceived sufficiency of the criminal law.
Lauri Love Extradition | Forum Bar | Corker Binning
Reverend Alexander Love, father of Lauri Love, was quoted as saying that his son had to face the music for his actions, but that it should be to the tune of a British band. Following the decision of the High Court on 5 February 2017 to find in Lauri Love’s favour – and specifically to prevent his extradition to the USA by reason of “forum” — it is possible that it will be the Crown Prosecution Service rather than the US Department of Justice that put him on trial.
Sir Edward Heath and Operation Conifer - investigation conclusions meaningless?
Following the Restoration in 1660, it was deemed fit that Oliver Cromwell and several of his leading supporters should stand trial for their role in the 1649 regicide of Charles 1. Notwithstanding that the accused were all deceased they were arraigned, tried and convicted of treason at the Old Bailey. Cromwell had died in 1658 and his cadaver had to be disinterred from Westminster Abbey. It was placed in the dock at the opening of the trial and later that same day, sentenced to death.
Why reform of corporate criminal liability is necessary and the best means of achieving it
Section 7 of the Bribery Act was implemented in July 2011. Its effect on the law concerning corporate criminal liability connected to corruption has been dramatic. It has led directly to the prosecution and plea of guilt of one multinational, Sweett Group PLC.
David Corker comments on SFO probe into Sir Philip Green in The Telegraph
The Serious Fraud Office is understood to be winding down its probe into Sir Philip Green, paving the way for the billionaire to resume the day-to-day running of his business interests. Sources told The Telegraph it was proving difficult for the SFO to distinguish between sharp practice and illegality in their probe of BHS’s sale and collapse. As such, a formal investigation would be unlikely as they had not found anything illegal, they said.
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Can a solicitor be personally liable to pay costs?
By David Corker The possibility that a firm of litigation solicitors, despite acting properly for a client in advancing their interests, could nonetheless end up being held liable to pay a huge costs order, is unsurprisingly something that would sound alarm bells across the profession. This is a possibility that was raised in DLA Piper UK LLP v BDO LLP (the major firm of City solicitors versus a major firm of accountants).
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