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Anna Machkevitch found guilty of failing to comply with a Section 2 notice

30 January, 2020 | Case Updates

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:

  1. 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.
  2. A Section 2 Notice, compelling Anna Machkevitch to supply documents, was issued in December 2018.
  3. Ms Machkevitch is not a suspect in the investigation into ENRC.
  4. 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/
  5. 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
  6. Anna Machkevitch is represented by David Whittaker QC and Clair Dobbin, instructed by Hallinan Blackburn Gittings & Nott LLP
  7. The SFO was represented by Jonathan Hall QC and Mohsin Zaidi
  8. Trial was before District Judge John Zani
  9. The value of the SFO’s costs will be agreed by the two parties.