Taxing Matter‪s‬ RPC

We are experiencing a surge in economic crime – the National Crime Agency estimates fraud alone costs UK businesses around £140 billion a year. With the CPS, the SFO, and other prosecutors barely able to scrape the tip of the iceberg, many businesses have turned to private prosecutions to recoup losses and protect their reputation.
In this episode we are delighted to be joined by leading expert William Boyce QC, a barrister at QEB Hollis Whiteman Chambers, to give us a masterclass in private prosecutions and how they might be relevant to your business.
William is a committee member of the Private Prosecutor's Association and acted for the private prosecutor in the largest private prosecution to date brought by a private individual to date.
Show references
Code for Private Prosecutors
RPC Private Prosecutions

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From the 1st January 2021 the new UK sanctions framework officially came into force under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA). Notably, SAMLA was one of the first of the first Acts passed as a direct result of Brexit.
In this podcast episode, we are joined by guest speaker Alex Haines, a Barrister at Outer Temple Chambers specialising in international law, business crime and sanctions. Alex shares his considerable insight on sanctions, how they affect trade and the changes SAMLA will now bring about.
Show references
The Association of Certified Sanctions Specialists
OFSI guidance
Smith, Owen, and Bodnar on Asset Recovery – Criminal Confiscation and Civil Recovery

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In this episode, we are joined by Taxing Matters podcast returnee, Harry Smith, to give us a crash course in procedural arguments in the context of a dispute with HMRC – and why they are sometimes referred to unfairly as "technicalities".
Show references
Mosson v Revenue & Customs [2020] UKFTT 359
HMRC v Tooth [2019] EWCA Civ 826
Credit Suisse Securities (Europe) Ltd and others v HMRC [2020] UKFTT 86

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In this episode, we are joined by Sam Dean, who spearheads HMRC's campaign to raise awareness of the corporate criminal offence of failure to prevent tax evasion.
With this being the first "fail to prevent" style offence dealt with by HMRC, podcast host, Alice Kemp, quizzes Sam on what exactly this means, where your business may be at risk of liability and what you can do to prevent that from happening.
Show references
HMRC guidance

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In this episode, we are joined by Bloomberg finance reporter Donal Griffin. For the past 18 months Donal has been following the development of the multi-billion tax trading scandal known as CumEx.
While you may well have heard of financial scandals like LIBOR rigging and FX market manipulation, CumEx is probably the biggest scandal that you've never heard of.
From billions of Euros at stake to widespread investigations into major financial institutions and explosive court testimony, this story really has it all!
Show references
Barclays unit - May 2019
Landmark Cum-Ex trial - September 2019
Arrest and extradition of Henry Gabay - July 2020
'Tip of the Iceberg' for Cum-Ex arrests - July 2020
Sanjay Shah speaks! - October 2020
ICAP the 'Spider' in the Cum-Ex web - November 2020

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In this episode, Keith Gordon joins Alice Kemp to discuss the Loan Charge; a topic very dear to his heart and one that has had a devastating impact on many who have been victims of schemes.
Keith is a barrister at Temple Tax Chambers, and before qualifying to the Bar, was a Chartered Accountant and a Chartered Tax Adviser. He brings this rounded tax experience to bear in this episode, charting the potted history of the loan charge and shining light on the worrying way HMRC has treated taxpayers' rights.
Content warning: Unfortunately, the loan charge has led to family breakup, divorce, and even suicide for some victims, and this episode discusses that impact.
If you have been affected by any of the issues raised or that you are unable to cope, text ‘LCAG HELP’ to 81025 and a member of the Loan Charge Action Group team will call you back.
Please see our website www.rpc.co.uk/TaxingMatters for a transcript of this episode.
If you would like to discuss the issues raised in this episode, please contact
taxingmatters@rpc.co.uk.
All information is correct at the time of recording. Taxing Matters is not a substitute for legal advice.
Show references
Low Incomes Tax Reform group
Loan Charge Action Group
NHS Suicide services

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