Fraud Ring In Hacking Attack On 60 Banks

Sixty million euro has been stolen from bank accounts in a massive cyber bank raid after fraudsters raided dozens of financial institutions around the world. According to a joint report by software security firm McAfee and Guardian Analytics, more than 60 firms have suffered from what it has called an "insider level of understanding". "The fraudsters' objective in these attacks is to siphon large amounts from high balance accounts, hence the name chosen for this research - Operation High Roller," the report said. "If all of the attempted fraud campaigns were as successful as the Netherlands example we describe in this report, the total attempted fraud could be as high as 2bn (£1.6bn)." The automated malicious software programme was discovered to use servers to process thousands of attempted thefts from both commercial firms and private individuals. The stolen money was then sent to so-called mule accounts in caches of a few hundreds and 100,000 euro (£80,000) at a time. Credit unions, large multinational banks and regional banks have all been attacked. Sky News defence and security editor Sam Kiley said: "It does include British financial institutions and has jumped over to North America and South America. "What they have done differently from routine attacks is that they have got into the bank servers and constructed software that is automated. "It can get around some of the mechanisms that alert the banking system to abnormal activity." The details of the global fraud come just a day after the MI5 boss warned of the new cyber security threat to UK business. McAfee researchers have been able to track the global fraud, which still continues, across countries and continents. "They have identified 60 different servers, many of them in Russia, and they have identified one alone that has been used to steal 60m euro," Kiley said. "There are dozens of servers still grinding away at this fraud – in effect stealing money."

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Asil Nadir arrives at the Old Bailey with his wife Nur to face 66 charges of theft and fraud.

 Photograph: Nicholas Razzell

Polly Peck tycoon Asil Nadir fled Britain because he was a broken man with no hope of a fair trial over allegations that he stole nearly £150m from the collapsed firm, the Old Bailey heard .

Nineteen years after he left for Northern Cyprus, the 71-year-old broke his silence as he took the stand in his fraud trial.

Nadir told the jury he left Britain on 4 May 1993 after his mental health collapsed, he was accused of trying to bribe a judge, and believed his post had been tampered with. Denying all charges, he said: "By the time I left the UK, I was a totally broken man. My health was in tatters, my hope on a fair trial was in tatters. I had zero hope of receiving a fair trial."

Asked by his lawyer, Philip Hackett QC, how his health had been affected, he added: "I was not well. Half way through the proceedings in early 1992 I was getting very unwell and the judge, Justice Tucker, made a ruling that I should see a psychiatrist and should have treatment. All through my life up to that point I had been in excellent health."

The court was also told about the "frightening situation" Nadir found himself in after he was accused of trying to bribe his original trial judge.

His lawyer read a transcript from a pre-trial hearing in November 1992 when the conspiracy allegations, which were later dropped, were first put to Nadir, his lawyer Anthony Scrivener QC, and Justice Tucker – who were both implicated.

Denying any involvement in a conspiracy, Nadir said: "It was a frightening situation. I still remember the concerns and the fear the lordship [Justice Tucker] had in his face. I had laid all my hopes on getting an independent trial but was very worried I would not. The judge's expression is not one that one wants to see."

He added: "Anthony Scrivener QC turned to me and said he was extremely worried about it. He tried to get me to give him permission to get him [Scrivener] off the case [but] I didn't give him permission."

The businessman's evidence was heard on the first day of the defence's case in a trial that started in January. It is the first time Nadir has taken the stand since he voluntarily returned from exile in his native Northern Cyprus in 2010.

The court heard that he believed private letters had been tampered with after his post appeared to have been opened, leading to a private detective being hired to investigate. He said: "I did have concerns that my mail was being intercepted. I was not getting mail in the normal way people get mail. Every now and then I would have a pile of opened envelopes with a plastic band wrapped around them."

Nadir explained to the court that he had started his life in business as a six-year-old selling newspapers in his home town. He arrived in the UK in 1980 and bought the then small textile firm Polly Peck, which had a turnover of £2m. He turned it into a conglomerate worth £2bn.

Explaining to the court why he had moved money to a Cyprus-based subsidiary, he claimed this was because he could get a higher rate of interest from the Mediterranean island's banks.

He added that many Cypriots, from both the Greek and Turkish sectors of the island, wanted to invest in the company.

"I have seen dozens of Greek Cypriots on the register of PPI [Polly Peck] because they saw how successful it was from their neighbours. It was very attractive for them to invest in those shares."

But by 1991 Nadir was declared personally bankrupt, he was sued by Polly Peck administrators, and could no longer afford his own lawyers in civil actions, the court heard.

On Tuesday, he claimed the company, which went bust in 1990, was not insolvent. "I think it had a tremendous future and this attitude was shared by the top brokers and investors in this country and worldwide. Finance was available from Turkey. The amount discussed was £70m to obtain a standstill [agreement].

"The finance was from three top Turkish banks on the instigation of the president of Turkey. It was a committed financial arrangement."

The Serious Fraud Office, which is prosecuting the case, claims Nadir abused his power as chairman and chief executive of Polly Peck. The case against him alleges that he "helped himself to tens of millions of pounds" of Polly Peck's money in transfers of more than £146m. The jury previously heard Nadir used the money to secretly buy shares to support the firm's share price and buy expensive properties for himself and relatives.

Staying in his Mayfair home in central London under strict bail conditions, he is set to give more evidence on Wednesday. The trial continues.

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Pensions consultancy reports huge increase in pension scheme fraud

The annual report, from consultants Baker Tilly, recorded a 55% increase in pension schemes reporting fraudulent activity. Of the survey respondents 19% said they had experienced cases of fraud, compared to 12% of respondents in 2011. “Awareness of the issue may be rising against a backdrop of more pension frauds hitting the headlines, including high-profile investigations involving illegal cash transfers, false schemes, money laundering and bribery allegations,” it said. The accuracy of member data was considered the most vulnerable area for fraud by the survey’s respondents. Most of the reported incidences of pension scheme fraud came from larger schemes with more than 10,000 members, Baker Tilly said. These schemes accounted for 70% of reported fraud cases despite making up only 31% of respondents. However, the report acknowledged that larger schemes were more likely to identify problems due to “stricter governance frameworks”. Pensions law expert Simon Tyler of Pinsent Masons, the law firm behind Out-Law.com, said that it was a "sad fact of life" that fraud levels tended to increase during times of economic stress. However, he noted that the report had highlighted an increase in more serious types of fraud. "Most pension schemes will have come across a spouse 'forgetting' to report a pensioner's death,

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Three senior businessmen who cooked up an elaborate scheme to siphon almost £9 million from Sainsbury’s in a corrupt potato deal, were jailed today.

John Maylam, right, entered into a corrupt deal with David Baxter, left, operations director at Greenvale, which supplies half of Sainsbury's potatoes Photo: TONY PALMER 

John Maylam, 44, a senior buyer for the supermarket chain, accepted almost £5 million in bribes from a supplier, which he “frivolously” spent on lavish holidays to Monaco and the South of France, a top of the range Aston Martin and in luxury hotels such as Claridge's.

He colluded with John Baxter, a director at Greenvale who massively overcharged Sainsbury's for its crop.

Maylam admitted corruption and acquiring criminal property and was jailed for four years. Baxter, 50, admitted the same charges and was jailed for 30 months.

With the proceeds, the two men lived “like millionaires”, running up a £350,000 bill at Claridge's, where they received brown envelopes stuffed with up to £2,000 in cash and hiring a Sunseeker motor yacht during a trip to Jersey.

For Maylam’s 40th birthday, he was treated to a five–star £350,000 holiday to Monaco for the grand prix, as well as stays in luxury hotels in Cannes and St Tropez.

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EU cookie implementation deadline is today

A year after its implementation in May 2011, the European Commission's Privacy and Electronic Communications Directive will finally start to be enforced as of tonight, meaning visitors to websites are required to be informed of, and given choice over, the site's intentions to store their data in cookies. Though there has been fierce opposition to the directive, some companies, such as the BBC, Channel 4 and the Guardian, have now begun implementing measures that range from multiple user choices in the level of information shared with the site, to a single message informing the user that, by continuing to browse, they have automatically agreed to have their information stored. Further reading EU cookie law is a 'restraint to trade online', says online retailer Most UK organisations not compliant with EU cookie law New EU cookie law set to come into force But the majority of companies, it is widely reported, will miss tonight's deadline. While the Information Commissioner's Office (ICO) still disagrees that a "one size fits all" policy of standardisation is not the way forward when enforcing cookie legislation, some believe such a framework is the only way forward. Society for engineering and technology professionals, the Institution of Engineering & Technology said, "The implementation of this directive is likely to prove very variable until the introduction of a set of standards on the best way to provide a balance between easy browsing and personal privacy. "We had hoped that more progress would have been made on achieving this in the 12 month implementation delay that the Information Commissioner, Christopher Graham, gave British organisations."

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Under European Union law, Greece cannot leave the euro.

That is the theory. But in practice, any protection the law offers investors could be difficult to enforce, according to lawyers trying to protect their corporate clients against the upheaval sure to follow if Greece defaults on its debts and adopts a new currency. So their advice is blunt: Remove cash and other liquid assets from Greece and prepare to take a short-term hit on any other investments. “My personal view is that it is irrational for anyone, whether a corporation or an individual, to be leaving money in Greek financial institutions, so long as there is a credible prospect of a euro zone exit,” said Ian Clark, a partner in London for White & Case, a global law firm that has a team of 10 attorneys focusing on the issue. Several multinational corporations have already taken the same view. Vodafone, the mobile phone operator, and GlaxoSmithKline, the pharmaceuticals firm, say they are “sweeping” money out of Greece and into British banks each evening. This applies not just to Greece but to most other euro nations, although Glaxo says it still keeps money in Germany. Corporate attorneys say looking to E.U. law provides only approximate guidance on whether Greece could stop using the euro while remaining in the Union. Although the E.U. prides itself on basing decisions on strict interpretation of the legal texts in its governing treaty and other legislation, the rules on euro membership have proved flexible. For example, while all 27 E.U. nations are supposedly obliged to join the single currency, once they meet certain economic criteria, Britain and Denmark were able to negotiate the option of retaining their own currencies. Sweden is one of the nations technically obliged to join the euro, but since a national referendum opposed the idea in 2003, no one has pressed the country to do so. Similarly, while leaving the euro might, legally, mean quitting the union itself, most experts see this as a technicality that can be circumvented as well. “The treaty doesn’t cover the question of what would happen if a country were to leave the euro and return to its previous currency,” said Stephen Weatherill, Jacques Delors Professor of European Law at Oxford University. “In the absence of any provision, there is plenty of space for European governments to concoct a solution, adopt it and for it to be legally enforceable,” he added. “In general, you can do anything you like, so long as you do not breach pre-existing international obligations.” The mechanics of leaving the euro would surely lead Greece to impose so-called capital controls to stem the flight of money from a currency destined to be devalued. Again, such controls look impossible under E.U. law. But Mr. Weatherill thinks that a loophole allowing for the protection of public security could be invoked. Mr. Clark, of White & Case, a global law firm, points to a clause in Article 65 of the treaty that says that the pledge on free movement should not prevent countries from taking measures “which are justified on grounds of public policy or public security.” Mr. Clark and his team serve clients that include financial institutions like BNP Paribas and hedge funds. In February, Andrew Witty, the chief executive of GlaxoSmithKline, said: “We don’t leave any cash in most European countries” except Germany. Tens of millions of pounds flow into accounts in Britain every day, he said. But, apart from trying to ensure that debts are paid promptly and therefore in euros, legal options for companies are limited. Contracts covered by Greek law, particularly for services delivered in Greece, provide little protection against the currency’s being redenominated and devalued — a development regarded as unlikely until recently. “Greece would, through its laws, be able to amend contracts governed by Greek law or to be performed within the territory of Greece,” Mr. Clark said. “It is the governing law and the place of performance of the contract that is most important.” International contracts, which might be covered by English, German or Swiss law, would be more likely to be honored in the designated currency, though in some cases the wording of the legal document may be vague. And even if the law is on their side, companies would find that to extract payment from a Greek company, they would need a judge in Greece to enforce a ruling from a foreign court. “Enforcement of foreign judgments is harder or easier from country to country within the E.U.,” Mr. Clark said. “Greece has always had a reputation of being a difficult place in which to enforce judgments, from a practical perspective.” That means that international trading partners are likely to share in any losses that accompany a Greek exit from the euro. “International businesses that have long-term interests in Greece are going to have to be pragmatic and probably, in the short term, give some dispensation to their Greek counterparties, rather than trying to enforce the terms of contracts that cannot be performed,” Mr. Clark said.

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Former Lloyds worker Jessica Harper in £2.5m fraud charge

A former head of security at Lloyds Bank has been charged in connection with an alleged £2.5m fraud. Jessica Harper, 50, of Croydon, south London, is accused of submitting false invoices to claim payments, between September 2008 and December 2011. At the time she was working as head of fraud and security for digital banking and allegedly made false claims totalling £2,463,750. Ms Harper will appear at Westminster Magistrates' Court on 31 May. She has been charged with one count of fraud by abuse of position. The bank, which is now 39.7% state-owned after being bailed out by the government during the financial crisis, refused to comment on the charging of Ms Harper. A Metropolitan Police spokesman said she was arrested on 21 December 2011 by officers from its fraud squad. Andrew Penhale, from the Crown Prosecution Service's Central Fraud Group, said: "The charge relates to an allegation that between 1 September 2008 and 21 December 2011, Jessica Harper dishonestly and with the intention of making a gain for herself, abused her position as an employee of Lloyds Banking Group, in which she was expected to safeguard the financial interests of Lloyds Banking Group, by submitting false invoices to claim payments totalling £2,463,750.88, to which she was not entitled. "This decision to prosecute was taken in accordance with the Code for Crown Prosecutors. "We have determined that there is a realistic prospect of conviction and a prosecution is in the public interest."

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Miami Massage Clinic Owner Accused Of Insurance Fraud

The owner of a Miami massage clinic has been charged with insurance fraud. Thirty year old Judith Gonzalez is accused of billing insurance companies nearly $250,000 in fraudulent claims and coaching patients on how to commit personal injury protection fraud. Also charged in the probe were a physician’s assistant and 14 patients. Gonzalez, who is the owner of the Flamingo Health Corporation, has operated several other clinics. The state Division of Insurance Fraud and the Miami-Dade Public Department’s Public Corruption Investigation Bureau conducted an undercover investigation which revealed the scheme.

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Donor who fled over fraud charges is set to return to Britain

Nick Clegg defended his party's decision to hold on to the £2.4m donated by the millionaire fraudster Michael Brown, who is back in Europe and facing extradition to the UK. Mr Brown was flown from the Dominican Republic to Madrid at the weekend and is now awaiting return to the UK under a European Arrest Warrant. The fraudster achieved national fame when he gave £2.4m to the Liberal Democrats to see them through the 2005 general election. No other Liberal Democrat backer has been able to come near to matching his munificence, and yesterday Mr Clegg dismissed a suggestion that the Liberal Democrats are morally obliged to give the money back. He told BBC's Sunday Politics programme: "This was something that happened before I was even an MP, let alone leader of the Liberal Democrats. What I have been told is that the Electoral Commission, in 2009, looked at this exhaustively and they categorically concluded that the money was received in good faith and all the controls and checks that should have been made were reasonably made by the Liberal Democrats at that time." He added that he was "very pleased" that Brown is returning to face justice. At his trial in 2008, Brown was convicted of posing as an investor to persuade people to part with money which he used to fund an extravagant lifestyle, including a Mayfair flat, a £2.5m private jet, and a personalised Range Rover. Among his victims was the Manchester United boss, Martin Edwards, who gave him around £7m after being assured that the money would be invested and bring substantial returns. After his conviction at Southwark Crown Court, Brown fled to the Caribbean, and was sentenced in his absence to seven years in prison. In January, he was arrested by local police in the town of Punta Cana, in the Dominican Republic, on a separate fraud charge. A City of London Police spokesman said: "Michael Brown was deported from the Dominican Republic and landed in Madrid on Saturday morning, accompanied by officers from the Dominican Republic. "City of London Police will be taking the appropriate steps to bring him back to the UK, via a European Arrest Warrant." Detective Superintendent Bob Wishart said: "The City of London Police is pleased that after four years evading British justice, Mr Brown is a step closer to returning to the UK to start his prison sentence."

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Australia’s parliamentary speaker, Peter Slipper, stepped aside after allegations of sexual harassment and expenses fraud

Australia’s parliamentary speaker, Peter Slipper, stepped aside after allegations of sexual harassment and expenses fraud, weakening Prime Minister Julia Gillard’s grip on power and ability to pass legislation. Deputy Speaker Anna Burke, a lawmaker from Gillard’s Labor party, will replace Slipper as he contests the claims, he said in a statement yesterday. He denied allegations in a Federal Court lawsuit that he made “unwelcome sexual advances” toward a male adviser and misused taxpayer-funded travel vouchers. Enlarge image Julia Gillard, Australia's prime minister. Photographer: Mark Graham/Bloomberg Enlarge image Peter Slipper, speaker of the Australian House of Representatives, stepped down amid allegations of sexual harassment and fraud. AP Photo/The Office of Peter Slipper MP Gillard’s minority government has been relying on Slipper to boost its numbers in the lower house since he defected from the opposition coalition to become speaker in November. His decision to step aside to fight the claims means Labor, already battling near record-low poll ratings, faces losing its one-seat majority when parliament reconvenes next month and debates the annual budget on May 8. “It makes it more difficult for Gillard to manage the parliament with the speaker tainted, and it makes her government look as if it’s almost unmanageable,” said John Wanna, a professor of public administration at the Australian National University in Canberra. “It keeps clouds hanging over the Gillard government but it’s not necessarily terminal.” Police Probe In the April 20 lawsuit, James Ashby, who started working for Slipper in December, alleges he made “unwelcome sexual comments” and “unwelcome suggestions of a sexual nature” between January and March 2012. He also accuses Slipper of handing signed, blank travel vouchers to the driver of a vehicle in which they travelled. Australian police said they will probe the allegations of expenses fraud. “The allegations include both a claim of criminal behavior and a claim under civil law,” Slipper said in his statement. “It is appropriate for me to stand aside as speaker while this criminal allegation is resolved.” Slipper, who in his role enforces rules and procedures, said he will return to the position when the criminal allegations are proven to be false. Gillard’s ‘Integrity’ Tony Abbott, leader of the Liberal-National opposition, said the matter raised fresh questions about the “integrity” of the government and the prime minister. Gillard backed Slipper in the speaker’s role in a “desperate bid to shore up her own numbers and seems to indicate this is a prime minister who will do anything, anything at all to assist her position in the parliament,” Abbott said in an interview with the Seven Network today. Gillard, in Singapore for talks with government officials, said in a statement yesterday that Slipper’s decision to step aside was “appropriate.” The opposition leader sought to link the Slipper affair to another that’s overshadowing the government -- allegations against Labor lawmaker Craig Thomson. He denies claims he used a union credit card to pay for prostitutes before entering parliament in 2007. Abbott is demanding that Gillard pressures Thomson to cooperate with police inquiries and to ensure a report by Australia’s workplace tribunal, which is probing the affair, is released immediately. Minority Government Support for Labor sat near a record low in an opinion survey published last week before an election required by the end of 2013. Labor’s support of 29 percent trails Abbott’s coalition by 19 percentage points, according to a Newspoll published in the Australian newspaper April 17. Gillard formed a government in 2010 after the nation’s closest election in seven decades ended Labor’s majority. She has had to rely on the support of independent and Greens lawmakers to secure the 75 votes needed to pass legislation in the 150-member House of Representatives. The Greens party and two of those independent lawmakers, Tony Windsor and Rob Oakeshott, today reiterated their support for the government, the Associated Press reported. In November 2011, Gillard gained a two-seat majority after then-speaker Harry Jenkins, a Labor lawmaker, quit and was replaced by Slipper. That majority was cut to one in January when independent lawmaker Andrew Wilkie withdrew his allegiance to Gillard, saying she broke a promise to tighten gambling laws.

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Swiss arrest former SNC-Lavalin executive for alleged corruption

In a major strike against alleged corruption involving Canadian construction giant SNC-Lavalin in North Africa, Swiss authorities have arrested former top executive Riadh Ben Aïssa, who parted ways with the company last February. The allegations concern “corruption, fraud and money laundering related to business dealings conducted in North Africa,” Jacqueline Buhlmann of Switzerland’s federal prosecution agency, the Office of the Attorney General, confirmed to the Toronto Star. Word of the arrest of Ben Aïssa, who had close ties to the regime of former Libyan dictator Moammar Gadhafi and especially his son Saadi, comes after the RCMP, accompanied by a Swiss investigator, raided the head office of the company in Montreal on April 13. The search took place at the request of Swiss authorities. A spokesperson for SNC-Lavalin said Sunday that the company is aware of Ben Aïssa’s arrest but has no specific details of his status. “If crimes have been committed by Mr. Ben Aïssa or any other former employee, the company believes that they should be held accountable,” Leslie Quinton said in a statement. Buhlmann indicated that the arrest is the result of a criminal investigation that began as far back as May 2011. Ben Aïssa is currently in prison. He has reportedly been held since mid-April. SNC-Lavalin’s business dealings in Libya have become a major ethical and financial crisis for the company, which has seen its stock price plummet in recent months. The company’s chief executive officer was forced out last March on the same day a damning internal review was released, which focused on $56 million in missing payments. It was revealed that Pierre Duhaime had breached the company’s code of ethics in approving the payments without authorization after the chief financial officer had rejected them. The review was prompted by improper payments allegedly made by Ben Aïssa to commercial agents. The company refused to provide details on the projects, but said it “believed” the payments weren’t related to Libya. The review also did not specify how the payments were made, through which banks, or where. Switzerland is the world’s largest offshore financial centre. Duhaime was forced out following the departures in February of Ben Aïssa, the executive vice-president of construction, and Stéphane Roy, the company controller. Ben Aïssa was “believed to have direct and significant knowledge about most of the investigated transactions,” but did not co-operate with the internal investigation on the advice of his lawyer, the review stated. Clouding the alleged improper business dealings is the connection Ben Aïssa and Roy have with Ontario consultant Cynthia Vanier, who sits in a Mexican prison. Roy travelled to Mexico City last fall to meet with Vanier, who was at the same moment arrested by Mexican police in connection with an alleged attempt to spirit Saadi out of Libya during that country’s revolution, and smuggle him to Mexico. Vanier, who denies any connection to a Mexico-related plot, had been previously hired by the SNC executives to complete a “fact-finding” mission in Libya to determine, among other things, how the company could securely re-establish its business interests there. She produced a report widely seen as very pro-regime, which was praised by Roy. SNC at first denied any involvement with Vanier. It now pleads ignorance, saying that any work mandates Vanier performed for the company “may have been outside the permitted scope of authority of those who assigned them.” Roy is also the subject of a probe by the RCMP commercial crimes section, according to a CBC report. Ben Aïssa, a native of Tunisia, began his career at SNC-Lavalin in 1985 and quickly gained a reputation for his ability to obtain contracts in the Middle East. In 2002, he was named senior vice-president for the Middle East and North Africa, and general manager of the country’s Libyan office. Five years later he was promoted to lead the company’s lucrative construction division. During that time Ben Aïssa, who worked out of the company’s offices in Montreal and Tunis, helped secure huge Libyan contracts worth billions, including, among others, ones for a new airport for Benghazi and a new prison. Ben Aïssa developed a close relationship with two of Gadhafi’s sons, including Saadi. SNC also covered Saadi’s expenses during a lavish trip he made to Canada in 2008. After he left the company, Ben Aïssa denied he’d been forced to resign, as the company suggested, and threatened to sue. The company is co-operating with authorities to “obtain the answers required about situations concerning ex-employees as expeditiously as possible,” Quinton added in her statement. Neither Ben Aïssa’s Montreal spokesperson nor his lawyers returned requests for comment.

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Credit card fraud websites shut down on three continents

Three men have been arrested and 36 criminal websites selling credit card information and other personal data shut down as part of a two-year international anti-fraud operation, police have confirmed. The Serious Organised Crime Agency (SOCA), working with the FBI and US Department of Justice, as well as authorities in Germany; the Netherlands; Ukraine; Australia and Romania, swooped after identifying the sites as specialising in selling card and bank details in bulk. The move comes as a blow to what is a growing black market for stolen financial data. Detectives estimated that the card information seized could have been used to extract more than £500m in total by fraudsters. SOCA claimed it has recovered more than two and a half million items of compromised personal and financial information over the past two years. “The authorities have shut down 36 websites but it is difficult to know how many other people had access to that data. They could spring back up somewhere else if a gang is not eradicated completely,” said Graham Cluley of internet security firm Sophos. He added: “This is big business and, just as in any legitimate company there are people who specialise in different things, so there are those who actually get their hands on the personal data and those who sell it on; they are not often the same person.” An investigation by The Independent last summer found that scammers were making a “comfortable living” getting their hands on sensitive information and selling it online. Card details were being offered for sale for between 4p and £60 per card – depending on the quality – according to one source in the business. Some cards would be sold with incomplete or unreliable information; others ready to use. Some of the card details for sale on the websites shut down by SOCA were being sold for as little as £2 each. Investigators said that the alleged fraudsters were using Automated Vending Carts, which allowed them to sell large quantities of stolen data. They are said to be a driver of the growth in banking fraud over the last 18 months because of the speed with which stolen data can be sold. Lee Miles, Head of Cyber Operations for SOCA said: “This operation is an excellent example of the level of international cooperation being focused on tackling online fraud. Our activities have saved business, online retailers and financial institutions potential fraud losses estimated at more than half a billion pounds, and at the same time protected thousands of individuals from the distress caused by being a victim of fraud or identity crime.” An alleged operator in Macedonia was one of those arrested, while two British men accused of buying the information were also detained. Britain’s Dedicated Cheque & Plastic Crime Unit also seized computers suspected of being used to commit fraud.

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A4e faces new fraud investigation

 

The government has launched an investigation into an allegation of attempted fraud against the welfare-to-work company A4e. The Department for Work and Pensions (DWP) said it had been made aware of an allegation of attempted fraud in relation to a mandatory work activity contract with the firm, which is already facing a police investigation in relation to previous allegations. A statement said: "As a result of this new allegation, DWP has immediately commenced its own independent audit of all our commercial relationships with A4e. "We have required A4e to make available all documentation which our auditors may require and provide full access to interview any A4e employees. This is separate from the independent review of internal controls which A4e has previously announced. "The chief executive of A4e was informed of this at a meeting with a senior DWP official earlier today. "We have made it absolutely clear to A4e that we take this matter very seriously, and that if, at any point during the audit or thereafter, we find evidence of systemic fraud in DWP's contracts with A4e, we will not hesitate to immediately terminate our commercial relationship." A4e said: "The board has made consistently clear in all previous statements that we take any allegations of fraudulent or otherwise illegal activity extremely seriously. There is absolutely no place for this type of misconduct at A4e. "We obviously acknowledge the concerns raised by DWP, and we welcome and will co-operate fully with their planned investigations. "A4e has more than 3,500 staff and operates out of 200 offices in the UK. From December 2005 to date, nine cases relating to A4e have been referred to the Department of Work and Pensions to review claims submissions. "Of these nine referrals, one, dating back to May 2008, resulted in the prosecution of an individual member of A4e staff, which was widely reported at the time. "Another is the case now being handled by Thames Valley police. In each of the remaining, closed cases, the DWP's view was that these were not incidences of malpractice. "The board has asked White & Case LLP to lead an independent and thorough review of A4e's controls and procedures. That process will be carried out concurrently, and all findings will be provided to DWP."

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The shooting of three IRA members by the SAS in March 1988 is linked to a major review commissioned by the Prime Minister David Cameron

 

The shooting of three IRA members by the SAS in March 1988 is linked to a major review commissioned by the Prime Minister David Cameron, it has emerged. Sir Desmond de Silva , PC,QC, a member of the Gibraltar Bar, was asked by the Prime Minister to chair a Review into the assassination of a well-known Belfast lawyer - Patrick Finucane, in 1989. As this case has had attached to it allegations of state collusion in the murder Sir Desmond’s Review will involve an examination of the activities of the intelligence services, the police and the army in Northern Ireland at the time. In order to properly discharge the work of this Review, Her Majesty appointed him a member of Her Privy Council. A Gibraltar connection springs from the SAS shootings of IRA operatives on the Rock. Mairead Farrell, who was one of the IRA operatives who was shot dead in Gibraltar, was engaged to be married to Seamus Finucane the brother of Patrick, whose own killing allegedly by agents of the state, Sir Desmond is currently investigating. It is understood that once the Review is complete and his Report is presented to Parliament Sir Desmond will return to his busy practice in London and abroad. Although he has been involved with the prosecution of some very high profile cases he is, perhaps, best known as a hugely successful defence QC who has, in Gibraltar alone, defended in many contested cases before the Supreme Court. On the October 12 2011 the Secretary of State for Northern Ireland appointed Sir Desmond de Silva QC to carry out an independent review into state involvement in the murder of Pat Finucane in 1989. Sir Desmond de Silva is determined to expose the truth about this “appalling” murder. “I know from my work internationally over many years that it is only when the truth is fully exposed that communities can put the trauma of conflict behind them to secure a lasting peace. Naturally, I will be applying the key principles of independence, thoroughness and impartiality in carrying out my work. The Government may have set my remit but it is now for me to take the task forward independently. There have been suggestions that this Review is not capable of hearing from individuals who may have information that could assist me in my work. This is not the case; I will certainly wish to see such individuals.” Sir Desmond asked any who may be able to assist to come forward and contact the Review at any stage to provide information or make representations. BBC reported that when they met last October 2011, the family of Pat Finucane cut short a meeting with Mr Cameron after the Prime Minister failed to order an inquiry into the killing. His family have long campaigned for an independent public inquiry. Pat Finucane’s widow Geraldine told reporters she felt so angry she could hardly speak. Mr Finucane’s family said they were “insulted” at the proposal for a review of the case and said they would continue their campaign for an independent public inquiry and would not participate in the review. Sir Desmond has written to the family asking them to contribute to the review.

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Britain's biggest ever Ponzi scheme Kautilya Pruthi faces 14 years in jail

 

Kautilya Pruthi, 41, swindled investors out of £38m under a scheme that resulted in massive contractual losses. Among the 800 victims were former England cricketer and Strictly Come Dancing star Darren Gough and Unchained Melody singer Jerome Flynn, who are rumoured to have lost as much as £1m each. Pruthi blew £10m in three years renting luxury homes across the South East, buying Bentleys, Ferraris, Lamborghinis and Jaguars, while lavishing more than £370,000 on his lovers. He confessed to fleecing investors in January and John Anderson, 46, and Kenneth Peacock, 43, were convicted of carrying on an unauthorised regulated activity earlier this week. Anderson and Peacock were cleared of a charge of recklessly making misleading false or deceptive promises.

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Allen Stanford faces decades behind bars after being convicted of a $7 billion fraud that snared investors in 113 countries

 

A MONTH after Sir Fred Goodwin was stripped of his title for leaving Royal Bank of Scotland shredded, another erstwhile knight of the financial-services realm has been put in his place—this time a jail cell. Allen Stanford faces decades behind bars after being convicted of a $7 billion fraud that snared investors in 113 countries, from Latin America to Libya. When in 2008 the sky fell in on Bernard Madoff, the only fraudster to have taken investors for more, the Texas-born Mr Stanford was still swaggering. He had done so much for Antigua, the Caribbean island where he based his empire, that it made him a Sir. He took to the airwaves to tut-tut rivals who had been felled by subprime mortgages. His star rose further when he sponsored an international cricket tournament. He was said to be worth over $2 billion. He certainly lived like he was. Within a few months, however, the authorities had swooped in, closing his Antigua-based bank and his brokerage operations. Prosecutors accused him of flogging bogus certificates of deposit and raiding the bank, siphoning deposits to a Swiss account used to finance his passion for yachts, jets and islands. His lawyers tried to have him declared incompetent to stand trial, saying a prison beating had led to loss of memory and an addiction to anti-anxiety drugs. When that ruse failed, they argued in court that he had been his group’s visionary, uninvolved in its day-to-day running, even as they claimed the businesses had been viable until they were “disembowelled” upon being seized. Countering this narrative was damning evidence from the prosecution’s star witness, Mr Stanford’s former chief financial officer, who testified that he and his boss had falsified documents and that the firm had presented hypothetical returns as the real thing in client pitches. Others said that, for all his public bravado, he had been aware of a hole in the accounts. When another colleague suggested he raise more money to plug this, he reportedly said: “I’ll go to the Libyans. They love me.” Victims cheered the verdict, but their victory is hollow. Three years on, they are yet to receive a penny from the court-appointed receiver, Ralph Janvey. Of the $216m he had recovered by late last year, more than half had been eaten up by legal and other fees. His team reckons that total recoverable assets may be a mere $500m, or 7% of the account balances shown at the time of Mr Stanford’s arrest (though that could increase if lawsuits seeking $600m from Stanford brokers, customers who extracted more than they paid in and political organisations that received donations from Mr Stanford succeed). Investors also bemoan the hefty cost of litigating jurisdictional issues. Mr Janvey is locked in a fight over how to divide up the estate with a separate receiver in Antigua, who has control over the fraudster’s bank accounts in Switzerland and Britain. America’s Securities and Exchange Commission has backed the victims’ cause, taking the unprecedented step of suing the Securities Investor Protection Corporation after the congressionally-chartered group balked at paying them up to $500,000 each in compensation (on the ground that Stanford’s operations were based offshore). Too little, too late, scream the SEC’s critics. Its district office in Fort Worth, Texas, first concluded that the Caribbean kingpin’s businesses were a Ponzi scheme in 1997, only to be ignored then and several times subsequently by enforcement staff. This story has only one true villain, but many others come out looking bad.

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San Diego tax preparer for the wealthy accused of ordering hit on 2 witnesses in fraud trail

 former Internal Revenue Service agent whose tax preparation business catered to a wealthy clientele is accused of ordering at least two former customers killed as they prepared to testify against him on fraud charges. Federal prosecutors say the targets were key witnesses against Steven Martinez, 50, who was charged last year with stealing $11 million by preparing bogus tax returns for his customers. 0 Comments Weigh InCorrections? Personal Post Martinez’s limousine driver — Norman Russell Thellmann, 64 — was charged Monday with conspiracy to tamper with witnesses. Prosecutors allege he was ordered to deliver money to a hit man who was promised $100,000 for the two killings. Martinez did not enter a plea during his initial court appearance Monday on a charge of witness tampering. A federal magistrate judge ordered him held without bail. “I find it almost impossible to believe,” said David Demergian, his attorney. Martinez, an IRS agent from 1988 to 1992, faces a pretrial hearing March 19 on federal fraud charges and was free on bail until his arrest last week. An FBI agent’s affidavit says Martinez gave a former employee documents on four people about two weeks ago, including photos of one target from the wealthy suburb of Rancho Santa Fe and another target’s condominium in the upscale La Jolla area of San Diego. Martinez recommended the former employee use two different pistols for the killings and get a silencer, according to the affidavit. The former employee contacted the FBI, which recorded a meeting Thursday in which Martinez allegedly gave additional instructions like how to break into the La Jolla condominium. The targets were identified as 86-year-old Monique Siegel of La Jolla and Marianne Harmon of Rancho Santa Fe. The fraud complaint alleges that Martinez told customers to deposit their taxes into one of his bank accounts, promising to forward the money to state and federal authorities. He stated lower income on their tax returns without telling them, allowing him to pocket $11 million. The complaint identifies victims only by their initials. One “M.H.” had an income of $20.7 million in 2006 but Martinez filed a tax return for $2.1 million. One “M.S.” earned $200,046 in 2006 but Martinez’s return reported $32,900. Another customer who earned $12.2 million in 2005 reported income at $1.6 million, according to the complaint. The same customer earned $11 million in 2006, also reported as $1.6 million. Demergian, his attorney, said the fraud case was “certainly very defensible.” “He had a very dedicated loyal clientele,” Demergian said. “He was very successful.” Thellmann, who was arrested Friday night, told the FBI that Martinez sold him a limousine about three years ago and hired him as a chauffeur. He said Martinez told him to give $40,000 to a person who would call him with code. Thellmann denied he knew the money was to pay a hitman. FBI agents found $42,400 cash in a cereal box at his home.

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Ponzi fraud: two men found guilty of involvement in £115m UK scam

Two men have been convicted of involvement in the UK's largest Ponzi fraud, which saw hundreds of people – among them the former cricketer Darren Gough and the actor Frances de la Tour – lose £115m. John Anderson, 46, and Kenneth Peacock, 43 were found guilty of unauthorised regulated activity at Southwark crown court in London on Monday, but were cleared of one count each of fraud. The jury is still deliberating over allegations that they deceived investors. The scheme's mastermind, Kautilya Pruthi, 41, of Wandsworth, London, has pleaded guilty to the fraud and is due to be sentenced later this week. Ponzi frauds – which take their name from the Italian conman Charles Ponzi, who was particularly fond of employing the scheme – use cash from new investors to pay returns to existing investors and depend on a constant stream of new investors to fund the payouts. The court heard that Gough and the actor and singer Jerome Flynn are each thought to have lost up to £1m in the fraud, which also duped De la Tour. Victims handed over their cash to Pruthi, who promised them safe investments with returns of up to 13%. Instead, he spent their money on entertaining women, paying his daughter's private school fees and chartering helicopters. He also bought a private jet and built a car collection that included three Bentleys, a Lamborghini, two Ferraris, two Mercedes, a Rolls Royce, a Jaguar and a Maserati. "Mr Pruthi is believed to be the UKs most successful Ponzi fraudster," said David Aaronberg QC, prosecuting. "He obtained some £38m from investors and caused contractual losses of over £115m." Aaronberg added: "He enjoyed the company of women and was generous in the payments he made to a number of female friends, for whom he bought cars as presents, in total giving them £373,149." Indian-born Pruthi came to the UK in 2004 having been deported to his homeland after serving a sentence for faking documents in the US. Jurors heard that on coming to the country, Pruthi was quickly able to pose as "a wealthy individual". After setting up his company, Business Consulting International, said Aaronberg, Pruthi accepted deposits and "orchestrated a large-scale and sophisticated collective investment scheme". He would send personally tailored emails claiming he could offer up to 13% returns on 12-month investments because the scheme was available to a limited clientele. But in reality, said the prosecutor, he was "robbing Peter to pay Paul". Pruthi, who was not registered with or authorised by the FSA, admitted four counts of obtaining money transfers by deception, one of participating in a fraudulent business, one of unauthorised regulated activity and one count of converting and removing criminal property. Peacock, of West Hampstead, north London, and Anderson, of Surrey, are alleged to have acted as "aggregators" who pooled funds from third parties and then passed them on to Pruthi, who had duped them into the fraud at the outset. Eventually the scheme collapsed as there were not enough new investors to bring in the money needed to keep the old investors happy. "The scale of this scheme was vast and the losses were immense; several investors lost their homes, others have been declared bankrupt," said Aaronberg. "The monies which Pruthi received were generally not invested anywhere, neither in the UK nor abroad." According to the prosecution, of the £38,631,792 Pruthi obtained, £28m was used to pay back other investors, while £10m was siphoned off for Pruthi's "lavish lifestyle".

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Deadlocked Stanford Fraud Trial Jury Told to Keep Deliberating

 

The judge in R. Allen Stanford’s fraud trial ordered the jury to return to deliberations after the panel sent a note saying it couldn’t reach a unanimous verdict in its fourth day of reviewing the evidence. The eight men and four women on the jury told U.S. District Judge David Hittner in Houston yesterday they were “unable to reach a verdict on each of the 14 counts,” the judge said, reading their note to attorneys for both sides. Enlarge image R. Allen Stanford, accused of leading a $7 billion investment fraud scheme, gestures as he exits the Bob Casey Federal Courthouse in Houston, Texas. Photographer: F. Carter Smith/Bloomberg Hittner instructed jurors to “continue your deliberations in this case,” telling them the trial has been costly in terms of both time and money, that the lawyers were unlikely going to be able to put on a better trial and that another jury was unlikely to be more conscientious. “It is your duty to agree upon a verdict if you can do so, without surrendering your conscientious opinion,’” Hittner told them. Stanford, 61, is accused of leading a $7 billion international fraud scheme involving the sale of certificates of deposit issued by his Antigua-based bank. He faces as long as 20 years in prison if found guilty of the most severe charges, mail fraud and wire fraud. The financier maintains he is not guilty. After the jury returned to deliberations, lead prosecutor Gregg Costa told the judge the jury’s note could be construed as meaning it couldn’t agree on any one of the 14 counts against Stanford or upon all of the counts. ‘We’ll See’ While acknowledging the possibility of having to accept a partial verdict, Hitter said, “We’ll see what comes out next.” When Hittner instructed the jurors to “take all the time you may feel necessary” to reach a verdict, one of the jurors grimaced. The jury left for the day yesterday after being told to resume deliberations. Jury selection in the case began Jan. 23 and the panel heard five weeks of evidence. The government presented testimony at from investors who bought the allegedly fraudulent CDs as well as from the executives who helped sell them. The witnesses included government officials and former Stanford Group Co. Chief Financial Officer James M. Davis, who pleaded guilty to fraud-related charges in 2009 and testified for five days against Stanford. Davis, whose relationship with Stanford traces back to when they were Baylor University roommates, told the jury he knew the boss was committing fraud and didn’t stop it. The defense presented former Stanford employees who said they saw no evidence of fraud at the company. Some offered testimony in support of the defense’s contention that Stanford was an absentee visionary who left the details of running his operation to Davis. Stanford didn’t testify during the trial.

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Mandela faces fraud charges

The liquidators of Aurora Empowerment Systems, which is accused of asset-stripping bankrupt Pamodzi Gold, will lay charges of fraud this week against Nelson Mandela’s grandson Zondwa, and Ahmed Amod, an attorney for the company. The liquidators are also said to be planning to lay charges this week against Aurora chairman Khulubuse Zuma and possibly other directors under section 424 of the Companies Act, under which directors can be held personally liable for company debts. The charges follow a threat by the liquidators to lay charges of perjury against Thulani Ngubane, a director of Aurora, after he gave evidence at an inquiry.

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Spanish tax authorities are cracking down on tax offenders

Hacienda has announced it will be keeping a close eye on fiscal engineering from e-commerce firms trading on the Internet. The Agencia Tributaría will also be keeping a close watch on sportsmen and women and artists. A new anti-fraud plan also includes alerts for contraband tobacco and the Secretary of State for Hacienda, Miguel Ferra, says they expect to recover 8.171 billion more from the measures. Hacienda has been told it cannot take on staff but it can substitute one in ten of the retirees. The number of inspections on elite sportsmen will go up by 14%, there will be greater control on house rental and undeclared businesses, using evidence of electrical consumption. Hacienda is also looking more closely at people who declare themselves insolvent when they are not, when they hide their assets. The use of preventative embargoes is to be extended, and offenders who fail to pay their debts to the fiscal face prison. Hacienda has established also new agreements with fiscal authorities in Switzerland, Andorra, Pánama, Bahamas and the Dutch Antilles.

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How HMRC finally caught Nasir Khan

 

Nasir Khan had a successful accessories business, a jet-set lifestyle and reputation as a pillar of the community. But all that vanished in December when he was jailed for his part in a £250m VAT fraud. Jasper Jackson discovers how a 10-year investigation by HMRC led to his downfall At the start of 2001, Nasir Khan was the owner and managing director of a moderately successful accessories business called The Accessory People, which had an annual turnover of £13 million. By the end of that year, however, he was knee-deep in a £250 million VAT fraud involving the import and export of mobile phones. Khan’s journey from businessman to criminal finally ended at Southwark Crown Court fi ve days before Christmas last year, when he became the 15th member of a pan European criminal gang to be jailed for the fraud. Khan got nine years behind bars for money laundering in the last of six trials that resulted in the 14 other defendants being convicted of defrauding the public purse. The gang was sentenced to a total of almost 100 years in prison. The convictions were the culmination of a 10-year investigation by HM Revenue and Customs (HMRC) into a complex web of criminal activity linked to Khan and his associates that encompassed more than 200 companies in the UK, Spain and Holland and bank accounts holding millions of pounds tucked away in Hong Kong, Dubai and Pakistan. Among those convicted for their role in the scam were a drug smuggler, a former used car salesman and a fish and chip shop owner. According to HMRC, Khan and his 14 associates launched their fraudulent operation in June 2001 as the market for mobile accessories went into decline. The fraudsters embarked on a complex version of ‘missing trader’ VAT fraud known as ‘carousel fraud’ because it involves goods passing into and out of a country through a string of companies. The fraudsters would set up a UK company to import goods from the EU, on which it didn’t pay VAT. It would then sell them on to another company in the UK, charging VAT on the sale that should have been paid to HMRC. The second company would in turn sell on the goods to an intermediary controlled by the gang, in order to put distance between the original company and the end of the chain. This process would be repeated a number of times through so-called ‘buffer’ companies in order to disguise the fraud. Eventually, a UK-based firm in the chain would sell the goods to another EU firm outside the UK without charging VAT. Because the fi rm exporting the handsets had paid VAT when buying from firms further back in the chain, it was entitled to collect a refund from HMRC. However, the UK company at the very beginning of the chain would disappear without ever paying the VAT it had made on the first sale and other firms along the chain would also, covering the tracks of the fraudsters in the process. In some cases, the goods themselves would only notionally have the value that was being paid for them, with freight companies brought into the fold to provide seemingly legitimate records of transportation. The process would carry on indefinitely, with the goods that left the country later being reintroduced to the UK. Khan’s firm, The Accessory People (TAP), was one of the buffer firms involved in the scam, and he made huge sums of money helping to launder the proceeds of the carousel fraud. In the space of just two years, between 2001 and 2003, TAP’s turnover rose from £13 million to £219 million. Khan became hugely rich as a result, buying luxury apartments in the Putney Wharf and Chelsea Harbour developments on the Thames in London, as well as properties in Spain and Gibraltar. He also bought a luxury boat. Khan even donated £34,000 to Crimestoppers under the name Nasa Khan. Khan has now had £15 million of his assets frozen as HMRC tries to recoup some of the money lost to the fraud.

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Britain’s crime hot spots revealed

 

The findings, posted on an interactive website, will allow the public to discover how many cases of robbery, vehicle crime and other offences take place in their area – and to rank areas from best to worst. Oxford Street in London's West End was revealed to be the shopping destination surrounded by the most crime. During 2011, there were 656 vehicle crimes, 915 robberies and 2,597 violent crimes within three quarters of a mile of the Oxford Street branch of John Lewis. There were also 5,039 reported instances of anti-social behaviour – equivalent to 14 a day. High streets and shopping centres in Bristol, Brighton and Derby also featured in a top 10 of crime hot spots, according to the website ukcrimestats.com.  A spokesman for the New West End Company, which represents Oxford Street traders, said: "We need to remember that this is an area with extremely high footfall, with over 200 million visits a year. This data needs to be seen in context. "Oxford Street has seen an overall reduction in crime over the past 10 years, with our lobby for harder sentencing on crime having a positive impact." The Croydon postcode CR0 was found to have the highest number of crimes reported last year, with 5,000 more than any other postal area. The south London suburb was the scene of some of the most severe rioting last summer. During 2011, 2,081 burglaries, 3,258 violent crimes and 8,316 instances of anti-social behaviour were reported in the CR0 postcode district. Dan Lewis, the chief executive of the Economic Policy Centre, the Right-of-centre think-tank which carried out the analysis and created the website, said: "On the one hand it is good that the Government is now publishing such detailed crime statistics, but the official police website does not allow the public to put these figures in context. "It has taken us, as a private sector provider, to harness this data in a way which is much more helpful to consumers. "It's not just important that the Government becomes more transparent, it's vital that what information is published is actually useful to the public." Seven of the 10 schools with the highest number of crimes within three quarters of a mile of their gates were in London. Two were in Portsmouth and one in Bristol. Almost 8,250 acts of anti-social behaviour, robbery, vehicle crime or violent crime were reported within three quarters of a mile of Charing Cross railway station in London last year, 1,700 more than Newcastle's central railway station, which had the second-highest crime rate. There were also high numbers of crimes around stations in Birmingham, Blackpool and east London. Anyone craving a life free from crime should consider a move to Wales. Nearly a third of the 50 postcode districts with the lowest number of reported crimes last year were in Wales, with several on the island of Anglesey. Official figures suggest that the Welsh village of Garndolbenmaen, on the edge of the Snowdonia national park, had one reported crime last year – a single case of anti-social behaviour. Steve Churchman, who runs the village shop serving the 300 residents, said the area was "like Beirut" when he moved there from London eight years ago. "We had a real problem with anti-social behaviour back then," said Mr Churchman. "There was this gang of kids. We had a phonebox vandalised, a bus stop graffitied and a few break-ins." Mr Churchman said the falling crime figures in the village were a result of pushing for convictions on those residents who stepped out of line and having police office and community support officers out on the beat. The children who caused the trouble had grown up and were now "nice lads", he added.

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European court rules against Italy for expelling migrants

European Court of Human Rights (ECHR) on Thursday ruled that Italy had violated it human rights obligations when it deported a group of African migrants intercepted in the Mediterranean Sea to Libya in 2009. The decision delivered in Strasbourg by 17 judges of the court was described as a 'landmark' by the United Nation's Refugee Agency (UNHCR) and was also welcomed by several rights groups in Italy and elsewhere. Italy's International Cooperation Minister, Andrea Riccardi, said that the ruling would force Italy to 'think and rethink our policies towards migration.' The case concerned 24 Somalis and Eritreans who were in a group of 200 migrants intercepted by the Italian Coast Guard 35 nautical miles from the Italian island of Lampedusa.

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Belarus fights Europe to retain death penalty

Belarusian MPs have blasted a recent resolution of the European Parliament on death penalty in Belarus as an attempt to interfere in the country’s internal affairs. The Belarusian parliamentary commission on international affairs has issued an official statement saying that the European Parliament’s resolution on the death penalty in Belarus was a continuation of the practice of pressuring Belarusian authorities and meddling with the country’s internal affairs. Additionally, the Belarusian side noted that from the text of the resolution they could draw a conclusion that the European side did not pay much attention to the credibility of facts and the logic of conclusions. In particular, the Belarusian parliamentarians criticized the fact that the case of Metro bombers Konovalov and Kovalyov, mentioned in the resolution, is called unjust, despite of the fact that the trial in the case was open to the maximum and well-covered by the media. The Belarusian politicians also expressed surprise over the fact that their country was called the Belarusian Federation in the European Parliament’s resolution, while its official name is Republic of Belarus. However, the text of the resolution posted on the European Parliament’s website in English uses the correct name. Belarusian MPs stressed that the use of capital punishment in their country is not against international norms and its use is extremely limited, and in practice happens only in extraordinary cases. The ban on capital punishment is the internal affair of the Republic of Belarus and can only be made with consideration of the Belarusian society’s opinion, the politicians said.

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Fishing skippers fined £720,000

 

Seventeen skippers behind one of Scotland's biggest fishing scams have been fined a total of £720,000. The group admitted making illegal landings of mackerel and herring worth £47.5 million between January 1 2002 and March 19 2005. The "black fish" scam, which broke sea fishing laws, was carried out at fish processing factory Shetland Catch in Lerwick, Shetland. Judge Lord Turnbull said the scam is "an episode of shame" for the pelagic fishing industry. He said it was a "cynical and sophisticated" operation which had the "connivance of a number of different interested parties". Hamish Slater, 53, and Alexander Masson, 66, both from Fraserburgh, were fined a respective £80,000 and £50,000, while Alexander Wiseman, 60, from Banff, was also fined £50,000. Another 13 men from Shetland were fined for their role in the scam. Robert Polson, 48, was fined £70,000; John Irvine, 68, was fined £80,000; William Williamson, 65, was fined £45,000; Laurence Irvine, 66, was fined £80,000; and David Hutchison, 66, was fined £40,000, as was 56-year-old Thomas Eunson. Both Allister Irvine, 63, and Gary Williamson, 52, were fined £35,000; and George Henry, 60, was fined £12,000. John Stewart, 57, was ordered to pay £15,000, while George Anderson, 56, must pay £12,000. Colin Leask, 39, and Allen Anderson, 55, were each fined £3,000 A £70,000 fine was imposed on Victor Buchini, 51, from Poulton-le-Fylde in Lancashire. The company Alexander Buchan was fined £240,000 for helping the vessel masters land the undeclared fish. The pelagic fishermen, who committed the offences to evade the annual EU fishing quota, had already been ordered to hand over almost £3 million in confiscation orders at a previous court hearing. The convictions came as the result of a seven-year investigation, Operation Trawler, after the Scottish Fisheries Protection Agency (SFPA), now Marine Scotland, became suspicious about widespread illegal landing of fish within the pelagic fleet. Pelagic fish are those which swim near the water's surface. Auditors KPMG reviewed Shetland Catch and found that between January 1 2002 and March 28 2004, the company's earnings were not supported by its declared landings. The company premises were searched on September 27 2005 and officials found that scales used to weigh fish coming into the factory had been manipulated to provide false weights. Management were able to input fake wastage figures into a computer in the main factory, accessible to inspectors from the SFPA, which would be deducted from the actual weight shown on the screen. The proper weight was displayed on screens in the engineer's room and in a loft area, both of which were off-limits to SFPA officials. The computer in the loft area was where the weight manipulation took place. It could be accessed remotely by two members of staff, a fish buyer and the then assisting managing director, using a username and password, allowing them to program it to provide false weights. Lord Turnbull said the proceedings brought "embarrassment and shame" to the skippers and their families. He said: "All of the accused who appear today have spent their working lives as productive and hard-working members of our community. Barring other regulatory infringements, not a single one has ever come into any conflict with the law. "It was not surprising therefore to hear of the well-respected positions within their communities which many held and of the embarrassment and shame which these proceedings have brought to them personally and to their families." The judge said the fishing industry "makes a crucial contribution" to the well-being of many communities and to the economy of the country as a whole. He added: "There would of course be no fishing industry were it not for the willingness of fishermen to go to sea. It is correct to acknowledge that in doing so,fishermen require to cope with challenging circumstances of isolation from family members and often with dangerous and frightening weather conditions, the likes of which will be wholly unfamiliar to others with more conventional working environments. "Over the history of the fishing industry and even in recent times in Scotland, tragedy has often visited the families of those who spend their working lives at sea." The judge also noted that each master involved "made no attempt" to disguise their true income from the fish and paid income tax on both the declared and undeclared landings. But he said the men had all participated in "a deliberate and calculated determination to evade the quota levels for fishing available to each vessel" for "purely financial" reasons. He said: "The system through which this was achieved was both cynical and sophisticated and involved the connivance of a number of different interested parties, some of whom have benefited but have not been prosecuted. "The extent to which landings of fish were deliberately under-declared was at times truly staggering and in the case of some of the accused concerned, took place continuously over a three-year period. "What I found to be noteworthy was that no understandable explanation was provided on behalf of any the vessel masters as to why this practice was commenced or continued with. "No one for example appears to have engaged in this exercise on account of struggling to cope financially with the costs of continued fishing within the quota levels allocated. "Indeed, in contrast to some within the fishing industry, those engaged in fishing with the pelagic fleet appear to have been able to make very substantial sums over many years, providing very comfortable livings for themselves and their families. "In short then, and as was conceded by at least some of those who appeared before me, the motivation for the sustained furnishing of false information was purely financial. Those who were already making a good living saw this as a way in which more income could be generated. "No doubt the fact that so many were involved lent a veneer of acceptability to the conduct but there is another side to that as well: the fact that so many were prepared to participate in deliberate lies and falsehood means that the desire for financial benefit was able to overshadow the instincts of fairness, truthfulness and responsibility which will have influenced every other aspect of the lives of those concerned and which values they would expect to see others, including their own family members, abide by. "The result is an episode of shame for much of the whole pelagic fishing industry. "I have however accepted in each case that these proceedings have been responded to responsibly and that those concerned regret their involvement and the embarrassment which has been brought to them personally and to their families." The men had previously been subjected to a reduced quota of fish to "balance out" the environmental effect of years of overfishing. But the judge insisted that this was not a punishment but an "exercise in conservation". He said: "I do not accept that the accused in this case have lost out or have been made worse off as a consequence of these arrangements. I accept as accurate the observation that looking back with hindsight had they never over-fished at all then they would have achieved a greater income over the extended period than they in fact have. "That is due to the massive increase in the prices obtained for the type of fish with which I am concerned in the period since 2002. That however is no more than an irony of the situation. It does not reflect any actual loss to those concerned. In fact, as a consequence of the increased value of the fish, those involved have still been able to generate very substantial incomes, despite being restricted to catching a smaller quantity. "If the current prices remain stable then when the quota deduction arrangements have been exhausted, they will be in a position to increase that income even further." He also referred to "activities of foreign fishing vessels" in exceeding fishing quotas. The judge said: "If there is an imbalance in the approach of the relevant authorities within the European Union, that is a matter for the relevant ministers to raise with their counterparts. "If vessels belonging to states outwith the European Union are thought to enjoy some inappropriate benefit or are not thought to be complying with their responsibilities concerning stock conservation, that is a matter to be addressed at governmental or international level. "I am dealing with the contravention of a law of this country which was introduced to ensure compliance with the international obligation which the United Kingdom had entered into. "I am entitled to treat that contravention as a serious matter regardless of how it might be thought that similar conduct would be or has been responded to elsewhere." Three more fishermen pleaded guilty today in a separate case but which was part of the same investigation. James Smith, 54, from Fraserburgh, John Smith, 36, from Peterhead and Stephen Bellamy, 59, from Fraserburgh all admitted landing undeclared fish at Fresh Catch in Peterhead and at Shetland Catch in Lerwick. Sentencing was deferred to May 18. An inspection in November 2005 at the Alexander Buchan firm detected an unofficial weigh belt fitted with "load cells" to the conveyor belt system at the point where fish entered the factory. The cells are used to detect the weight of fish passing over the belt. A deflector plate had been used on the unofficial weigh belt, allowing the fish to drop off part of the way along the official scales. As the fish did not travel over the full area, a lower weight was achieved on the counter. This method is said to have allowed up to 70% of a total landing to go unrecorded. Alexander Buchan, which is no longer trading, has already been ordered to pay £165,000 in a confiscation order. A third fish processing factory, Fresh Catch, also admitted helping vessel masters land undeclared fish between October 20 2002 and September 2 2005 at its premises in Kirk Square near Peterhead. Skippers Ernest Simpson, 64, from Fraserburgh, Allan Simpson, 42, from Fraserburgh, and Oswald McRonald, 63, from Banff, pleaded guilty at the High Court in Glasgow today to landing undeclared fish at the factory. Their sentences were also deferred until May 18. Fresh Catch was audited by KPMG during the same period as Shetland Catch and it too was found to have earnings unsupported by official landing figures. At the factory, fish entered via a delivery pipe which went up and over the building. However, a search of the premises in September 2005 uncovered a purpose-built pipe, leading underground, was also connected. This second pipe bypassed the official weigh scale. Knife valves were used to divert the fish when they came to a T-junction, allowing fish to be sent to another part of the factory and was never weighed or officially accounted for. In 2005 the two valves become remote controlled and the direction the fish took at the junction depended on which one was open or closed. Fresh Catch only became significantly operational at around the time the scam began. Cephas Ralph, head of compliance at Marine Scotland, said the divert pipe "certainly served no other purpose" and that "it wasn't put there by accident". All three factories were prosecuted out of Operation Trawler which started in 2005. However, nothing suggested any of the plants were linked. At the time of the undeclared landings, Shetland Catch was the largest pelagic fish processing operator in Scotland and one of the largest in Europe. It was able to process and freeze up to 1,000 tonnes of fish a day. EU regulations state that when a vessel reaches its quota, it has the option to either stop fishing or to buy some of another vessel's quota which has not yet been reached. Any vessel which exceeds its quota faces disciplinary action. When the investigation started 26 vessels were in the pelagic fleet, with eight pelagic fish processing factories. More than half (15) of those boats have been prosecuted. Mr Ralph said the investigation had an immediate effect on the entire industry and that Marine Scotland is now satisfied that legislation is in place to ensure a similar scam does not happen again. He said: "Since 2005 we detected a change which spilled out beyond the pelagic industry. It is more important to the vessels to have a good reputation. "It is fair to say we are satisfied that we have inspection procedures, legislation, a mindset in place in the industry that means if such activity was to recommence, it would be quickly detected and dealt with. "We have not had anything similar since these cases and all our intelligence suggests that no similar activities are taking place." Afterwards Lindsey Miller, head of the serious and organised crime division of the Crown Office, said: "Organised crime takes many forms. These individuals may not have been involved in drug dealing or prostitution but let us make no mistake that they were involved in significant and serious organised criminality." She added: "The legislation is there to protect the marine environment for the good of all and to safeguard the future of the fishing industry. These men disregarded it for their own financial gain and, in a clear example of successful working between the law enforcement agencies involved, have now been brought to justice and made to pay for their crimes." The police investigation was led by Detective Superintendent Gordon Gibson of Grampian Police who said the scale of the crime is of "a level rarely seen before". The men involved "amassed huge sums of money through their own greed and today this caught up with them in a court of law", he added. Meanwhile, Cephas Ralph said: "Today's successful court activity is an outcome that reflects the professionalism, dedication and commitment shown by all of the Marine Scotland staff who have been involved in this inquiry. "It has not been an easy task but they have worked tirelessly to help secure the convictions obtained in these important cases." Scottish Environment Secretary Richard Lochhead paid tribute to the police and Marine Scotland for their efforts in "a long and vastly complicated inquiry". He said: "There is no doubt that these illegal activities are a stark and shameful reminder of the culture that existed in some sectors of the fishing industry in past years. But they do not reflect the much-improved culture we see today. "The offences date back up to a decade ago and thankfully there has been seismic change in the attitude and behaviour of the fishing fleet, which can only be good thing in securing a viable future for the industry in Scotland." He also said: "There have been significant advances in recent years in how fish landings are monitored and controlled, including comprehensive audits and certified weighing systems." Dr Mireille Thom, senior marine policy officer at WWF Scotland, said ignoring quotas "isn't a victim-less offence" because "such landings not only undermine the conservation of fish stocks and the fortune of the fleets that fish them, they also distort competition by depressing fish prices. In short, they threaten the public good for the benefit of a few".

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Police uncover 'serious and organised' criminality in £63m scam to breach European fishing quotas

An inquiry into the UK's largest fishing scandal has uncovered "serious and organised" criminality by Scottish trawlermen and fish processors in an elaborate scam to illegally sell nearly £63m of undeclared fish.

Three large fish factories and 27 skippers have pleaded guilty to sophisticated and lucrative schemes to breach EU fishing quotas, in what one senior police officer described as "industrial level" deception.

They went to extraordinary lengths to conceal their illegally caught fish, installing underground pipelines, secret weighing machines and extra conveyor belts and computers to allow them to land 170,000 tonnes above their EU quota of mackerel and herring between 2002 and 2005.

The extent of the "black landings" scandal emerged as 17 skippers and one of the three factories were given fines totalling nearly £1m at the high court in Glasgow on Friday, after admitting repeated breaches of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000. Another six skippers pleaded guilty at the same hearing to landing undeclared fish worth nearly £7m at Lerwick, in the Shetlands, and Peterhead, Aberdeenshire.

Four skippers pleaded guilty in January and a further four in the ring, who can't be named for legal reasons, are still to be prosecuted.

Judge Lord Turnbull, told the 17 skippers sentenced on Friday they were guilty of a "cynical and sophisticated" operation, which brought embarrassment and shameon them and their families. "The motivation was purely financial," he said. "Those who were already making a good living saw this as a way more income could be generated and were prepared to participate in deliberate lies and falsehoods."

Once the illegally caught fish had been sneaked past Government inspectors, it was put on sale in the Lerwick and Peterhead markets, where it was sold to wholesalers and fishmongers as if it had been legally landed, in defiance of strict EU regulations designed to protectEurope's fish stocks from over-fishing.

The Guardian can reveal that the illegally landed fish was sold with the knowledge of the government-funded industry marketing authority Seafish, which took a £2.58 levy for every tonne of over-quota mackerel and herring. That earned it £434,000 in fees before the Scottish Fisheries Protection Agency, now part of Marine Scotland, raided two factories in September 2005.

The headquarters of Seafish in Edinburgh were raided by police and documents seized in 2008, but five months later prosecutors decided not to take any further action. It is thought the Crown Office, the Scottish prosecution body, believed there was no evidence that could lead to the agency being accused of involvement in the scam.

With a series of court cases stretching back to 2010, the scandal has implicated more than half the Scottish mackerel and herring fleet active at that time. It is understood that the true value of the illegal landings linked to the factories involved is closer to £100m, but prosecutors decided to pursue just £63m of landings.

How one Peterhead factory sidestepped the rules. Source: Guardian graphics

Prosecutors have also confiscated £3.1m from 17 skippers who landed catches in Lerwick, and against two of the three firms so far convicted, under proceedings of crime legislation introduced to tackle serious criminal gangs and drugs lords. The largest confiscation order, £425,9000, was against Hamish Slater, the skipper of the trawler Enterprise from Fraserburgh, Aberdeenshire, who admitted landing £3,980,000 worth of undeclared fish. A number of skippers landed fish worth more than £2m.

At Shetland Catch in Lerwick, one of Europe's largest fish processors, the company installed a duplicate conveyor belt when its new factory was built, fitting a secret weight-reading device in the loft and a computer in an engineer's workshop "a considerable distance" from the factory floor.

In its processing plant at Peterhead, north of Aberdeen, Fresh Catch installed an underground pipe to divert fish to secret weighing devices, which used remotely operated pneumatic valves. It built a secret storage room, and operated the clandestine machinery from a hut known to workers as the Wendy House, disguised with fake "Danger: high voltage" signs on its door.

A second factory in the town, Alexander Buchan, which has since closed, fitted a secret scale and conveyor belt, which allowed up to 70% of a boat's catch to go undeclared. It printed a guidance manual showing its staff how to handle undeclared landings, and its staff misled trading standards officers about its purpose.

Detective Superintendent Gordon Gibson, of Grampian police, the senior investigating officer in Operation Trawler, said: "Make no bones about it: it was serious, it was organised and it was criminal. The element of preparation involved was significant, given the methods and means that all these individuals went to.

"Was I surprised? Absolutely. I was surprised at the levels they had gone to disguise their criminal conduct."

An industry source admitted: "This wasn't casual or by accident. It was organised, it was systematic, it was deception. No one disagrees with that."

In a further penalty, which is thought to have cost the convicted skippers millions, the European commission cut the quotas soon after the scandal was reported to Brussels by the UK government in 2005, calling it a "quota payback".

Although none of the trawlermen have been banned from fishing, their quotas were cut by more than 116,000 tonnes of mackerel and nearly 47,000 tonnes of herring over a seven-year period. That payback will end next year.

One source with detailed knowledge of the case said this had damaging consequences for skippers and crews involved, as the market value of mackerel and herring since 2005 had been as much as double the price 10 years ago.

The convictions follow a complex, 10-year investigation involving forensic accountants from KPMG, who analysed the paperwork for thousands of landings, a core team of 25 detectives and support staff from Grampian and Northern police, four British sea fishery officers with Marine Scotland, the Home Office Holmes police computer system, money laundering experts with the Scottish Crime and Drug Enforcement Agency, and specialist prosecutors at the Crown Office.

Operation Trawler has brought to an end a practice which was once endemic in the British fishing industry, but has been made extremely difficult by hi-tech monitoring and tracking of every registered trawler at sea, and much tighter controls on landings at processing firms.

The skippers and firms involved have refused to discuss their convictions; Shetland Catch is still facing confiscation proceedings. But sources with detailed knowledge of the scandal have admitted the practice was widespread within the pelagic fishing industry. Lawyers for one of the convicted men, George Anderson, 55, from Whalsay, Shetland, claimed this year that he evaded the controls because he believed that discarding under-sized fish was "repugnant".

"Black landings" are still common practice across the EU, and prosecutions still take place. In Lerwick and Peterhead, some insist that the undeclared landings, which helped many of the skippers and their crews enjoy comparatively luxurious lifestyles, were well-known within the industry and among regulators.

Asked about its knowledge of the illegal landings, Seafish told the Guardian it was legally required to take the levy, and insisted it had tipped off the authorities to the over-quota landings. However, one source said that the issue was discussed in board meetings, "but the Seafish line was that we weren't a fishery protection agency, our job was to take a levy on every tonne landed."

He added: "They were totally aware they were getting a levy on quota and over-quota fish."

The source denied it was serious and organised crime: the skippers involved paid income tax and business taxes alongside the Seafish levy on all their illegal landings, largely because the over-quota fish was sold in the fish markets as if it were legally declared. Fraud charges were dropped by prosecutors at an early stage, he said.

But he added: "There is nobody defending this. It was morally wrong; it was ecologically wrong and sustainably wrong. There is no excuse.

"A lot of the skippers are saying, 'What we did wasn't right; it was wrong. We really want to draw a line under this and move forward.'"

He said the scandal had the effect of transforming Scotland's pelagic fishing industry into one of the most sustainable in the world: after the raids, the mackerel and herring fleet introduced very strict monitoring and quota management. Since 2008, its fisheries have won a prized Marine Stewardship Council eco-label, and are now the largest in Europe with MSC certification.

But the "black landings" scandal is coming back to haunt the industry. It is expected to lose its MSC accreditation later this year after a bitter dispute with the Faroe Islands and Iceland: both countries have claimed much larger mackerel quotas than is sustainable for the north-east Atlantic stocks, in breach of MSC rules. The Faroese in particular believe the over-quota prosecutions puts the Scottish industry's credibility in severe doubt.

"It's not a proud moment for what is a very proud industry," one senior figure conceded.

Richard Lochhead, the Scottish agriculture secretary, said the convicted were guilty of appalling behaviour. "These illegal activities are a stark and shameful reminder of the culture that existed in some sectors of the fishing industry in past years," he said.

"Thankfully, there has been seismic change in the attitude and behaviour of the fishing fleet, which can only be good thing in securing a viable future for the industry."

Dr Mireille Thom, a senior marine policy officer for the conservation group WWF Scotland, said: "Deliberately ignoring quota rules by landing 'black fish' isn't a victimless offence. Such landings not only undermine the conservation of fish stocks and the fortune of the fleets that fish them, they also distort competition by depressing fish prices. In short, they threaten the public good for the benefit of a few."

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