Serious Fraud Office
Anna Machkevitch found guilty of failing to comply with a Section 2 notice
Anna Machkevitch was today found guilty of failing to supply documents required by the SFO, contrary to Section 2 (3) of the Criminal Justice Act 1987.
District Judge John Zani ruled that Ms Machkevitch had unlawfully refused to comply fully with the Serious Fraud Office’s Section 2 request for documents.
She was ordered to pay a fine of £800, victim surcharge of £181 and the SFO’s full costs.
Lisa Osofsky, Director of the Serious Fraud Office, said:
“By failing to comply with our request, Ms Machkevitch has wilfully obstructed our investigative efforts.
“Section 2 powers are a fundamental part of how the SFO investigates and prosecutes serious fraud, bribery and corruption, and we are committed to challenging what we see as unreasonable non-compliance.”
Under a Section 2(3) notice, the SFO requested documents in relation to its ongoing investigation into suspected fraud, bribery and corruption at the Eurasian Natural Resources Company (ENRC), but Ms Machkevitch failed to provide all of the documents requested. Compliance with a request made under Section 2 is a legal requirement.
Ms Machkevitch is not a suspect in the investigation into ENRC. This prosecution was a separate matter relating to Section 2 non-compliance.
Notes to Editors:
- The trial began on 8 January 2020 at Hendon Magistrates’ Court. Following the trial on this date, District Judge John Zani adjourned the matter to 30 January 2020 at Westminster Magistrates’ Court.
- A Section 2 Notice, compelling Anna Machkevitch to supply documents, was issued in December 2018.
- Ms Machkevitch is not a suspect in the investigation into ENRC.
- Section 2 Notices are routinely issued to individuals who appear to have information of relevance to SFO investigations. Compliance is a legal requirement: under Section 2 of the Criminal Justice Act 1987, the Director of the Serious Fraud Office is empowered to compel individuals to appear for interview by SFO staff, produce specified documents requested by the SFO, and answer questions of provide information requested by the SFO. More information on the SFO’s Section 2 powers can be found on our website at www.sfo.gov.uk/publications/corporate-information/sfo-historical-background-powers/
- The investigation into Eurasian Natural Resources Corporation was announced in April 2013. Further information can be found on our website at www.sfo.gov.uk/cases/enrc
- Anna Machkevitch is represented by David Whittaker QC and Clair Dobbin, instructed by Hallinan Blackburn Gittings & Nott LLP
- The SFO was represented by Jonathan Hall QC and Mohsin Zaidi
- Trial was before District Judge John Zani
- The value of the SFO’s costs will be agreed by the two parties.
Latest News from
Serious Fraud Office
SFO receives approval in principle for DPA with G4S Care and Justice Services (UK) Ltd13/07/2020 14:38:00
Following the announcement from G4S Plc, the Serious Fraud Office can confirm that it has received approval in principle to enter into a Deferred Prosecution Agreement (DPA) with G4S Care and Justice Services (UK) Ltd (G4S C&J), a wholly-owned subsidiary of G4S Plc.
SFO closes investigation into De La Rue Plc16/06/2020 13:38:00
Following extensive investigation and a thorough and detailed review of the available evidence, the SFO has concluded that this case did not meet the relevant test for prosecution as defined in the Code for Crown Prosecutors.
SFO closes its investigation into ABB Ltd20/05/2020 12:05:00
After a thorough and detailed review of the available evidence, the SFO has concluded that this case did not meet the relevant test for prosecution as defined in the Code for Crown Prosecutors.
SFO confirms end of Deferred Prosecution Agreement with Tesco Stores Ltd14/04/2020 16:25:00
The Serious Fraud Office has confirmed to the courts that Tesco Stores Ltd has fulfilled the terms of its Deferred Prosecution Agreement (DPA) with the SFO, bringing an end to the SFO’s case.
EURIBOR bankers ordered to pay over £1.2 million06/03/2020 13:33:00
Two men convicted for manipulating the Euro Interbank Offered Rate (EURIBOR) have been ordered to pay over £1.2million in confiscation orders and costs.
Former Barclays executives acquitted of conspiracy to commit fraud02/03/2020 16:48:00
Roger Jenkins, Richard Boath and Thomas Kalaris were recently (28 February 2020) acquitted of fraud in the UK’s first trial of bank executives for misconduct during the 2008 Financial Crisis.
SFO enters into €991m Deferred Prosecution Agreement with Airbus as part of a €3.6bn global resolution03/02/2020 13:43:00
The Serious Fraud Office has entered into a record-breaking Deferred Prosecution Agreement (DPA) with the global aerospace company Airbus SE following its approval recently by Dame Victoria Sharp, President of the Queen’s Bench Division.
SFO agrees Deferred Prosecution Agreement in principle with Airbus as part of a global resolution29/01/2020 12:43:00
Following the announcement by Airbus yesterday, the Serious Fraud Office confirms that a Deferred Prosecution Agreement has been reached in principle between itself and Airbus.
SFO secures over £434K for victims of solar panel fraudsters21/01/2020 11:47:00
Two men who were part of a group that defrauded investors, many of whom were elderly and some who parted with their hard earned savings, have now been ordered to pay back £434,835.73 to those they swindled or face additional time in prison.