Key Facts
- •Florian Pierini and Jeffrey Razaq were convicted of offences under the Proceeds of Crime Act 2002.
- •Pierini was convicted of conspiracy to launder proceeds of crime and sentenced to 5 years' imprisonment.
- •Razaq was convicted of acquiring criminal property and received a suspended sentence.
- •The case involved a Ponzi scheme run by Essex and London Properties Limited (ELP), where approximately £13.7m was obtained from 800 investors.
- •Razaq received over £110,000 in commission for introducing escrow agents to ELP.
- •Pierini received £409,624.75 from ELP into his accounts.
- •Pierini was tried in his absence due to his failure to return to the UK from Brazil despite being granted bail and ordered to attend trial.
- •Razaq's appeal concerned the admissibility of bad character evidence regarding his previous involvement with MH Carbon, a company that had also been involved in an investment scheme that went insolvent.
Legal Principles
Live links in criminal proceedings are governed by section 51 of the Criminal Justice Act 2003, as amended by the Coronavirus Act 2020 and the Police, Crime, Sentencing and Courts Act 2022.
Criminal Justice Act 2003, Coronavirus Act 2020, Police, Crime, Sentencing and Courts Act 2022
A defendant's failure to comply with bail conditions undermines the administration of justice.
Criminal Practice Direction, section 14B
A fugitive from justice is not precluded from enforcing his rights through the courts, but this does not extend to condoning ongoing offences or breaching court orders.
Polanski v Condé Nast Publications Limited [2005] 1 WLR 637
Bad character evidence is admissible if it is important explanatory evidence (section 101(1)(c) and section 102 of the Criminal Justice Act 2003) or relevant to an important matter in issue (section 101(1)(d)).
Criminal Justice Act 2003
Outcomes
Pierini's renewed application for leave to appeal against conviction dismissed.
He deliberately absented himself from the trial in breach of bail conditions, and allowing a live link would condone his actions and undermine the court's authority.
Razaq's appeal against conviction dismissed.
The evidence regarding his involvement with MH Carbon was admissible as important explanatory evidence, relevant to his state of mind and knowledge of investment schemes, even if not strictly propensity evidence.