1. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014
The MTIC story
The cost to the UK
The early MTICs and the ever expanding circles
Contra trading and double contra trading
The summer of 2006
The appeals in the Tribunal
The criminal prosecutions eg Euripus and Devout

2. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014
The issue in the First Tier Tax Tribunal
The focus is on the broker/exporter
The Kittel test
T. “knew or ought to have known” that the transaction was connected to a tax loss
Features of the trade

3. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014
The changing focus of the criminal prosecutions
Buffers and brokers
The limited number of cases prosecuted
Disclosure issues/difficulties
The high success rates

4. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014
Criminal confiscation and tax fraud
The issues in section 76(4) POCA and 76(7)
What has D “obtained as a result of or in connection with his criminal conduct” and what is the value
The overkill in the Ahmad case - £184.6 million
Tax loss of £12 million
Benefit of co-defendants £90 million each

5. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014
The solution in the Court of Appeal [2012] 1WLR 2335
The Ahmads had obtained the tax loss £12 million each
Proportionality
Ahmad in the Supreme Court judgement June 18th 2014
The confiscation “cap”
Enforcement

6. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014
Confiscation where are we now ?
Paulet ECHR 13th May 2014
R v Sale [2014] 1 WLR 663 (CA)
Bestel and others [2014] 1 WLR 457
Barnes v Eastenders Cash and Carry [2014] 2 WLR 1269
R v Harvey [2014] 1 WLR 124 (CA)
Hidden assets
Reform