§ Mr. John MarshallTo ask the Attorney-General what opportunity was given by Mr. Justice Laws to Crown counsel to justify his acceptance of the plea on the basis of only the Financial Intermediaries, Managers and Brokers Regulatory Association charge in the Levitt case; and what response was made.
§ The Attorney-GeneralThe judge questioned whether the Crown's decision to accept the plea required his approval and was satisfied by prosecuting counsel, on the authorities, that it did not.
§ Mr. John MarshallTo ask the Attorney-General what considerations underlay the decision by the Serious Fraud Office not to pursue the charges relating to Mr. Frederick Forsyth in the Levitt case.
§ The Attorney-GeneralThe plea tendered by Mr. Levitt encompassed his use of forged documents presented to FIMBRA, including documents purporting to show monies obtained from Mr. Forsyth and his agents as genuine income of TLG Ltd.
§ Mr. John MarshallTo ask the Attorney-General what consideration Crown counsel in the Levitt case gave to appealing against the judge's ruling of 19 May on the limits in law of the offence of fraudulent trading.
§ The Attorney-GeneralHaving considered all the curcumstances, prosecuting counsel advised against an appeal.
§ Mr. John MarshallTo ask the Attorney-General what assessment was made by the Serious Fraud Office of whether the plea on the basis of misleading the Financial Intermediaries, Managers and Brokers Regulatory Association only offered by Mr. Roger Levitt and accepted by the Crown adequately reflected the criminality of his case.
§ The Attorney-GeneralThe Serious Fraud Office took the view that the plea tendered by Roger Levitt reflected the criminality of his conduct and conferred sufficient sentencing power on the trial judge.
§ Mr. John MarshallTo ask the Attorney-General what account the Serious Fraud Office took of the result of the Terry Ramsden case before accepting Roger Levitt's guilty plea.
§ The Attorney-GeneralThe result of the Terry Ramsden case was not regarded as relevant to the decision whether to accept the plea.
§ Mr. John MarshallTo ask the Attorney-General what options on pleas to the charges were offered to Mr. Roger Levitt prior to the Crown opening speech.
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§ The Attorney-GeneralI refer my hon. Friend to my earlier answer today. However, I have been assured by prosecuting counsel that, although potential pleas may have been discussed on a counsel-to-counsel basis, no offers were made by the Crown to Mr. Levitt. Mr. Levitt's plea was accepted on 22 November. Counsel have also told me that they would not regard any approach by them to the defence as constituting an offer unless they had firm instructions to accept an affirmative response.
§ Mr. John MarshallTo ask the Attorney-General what possible pleas each of the Crown counsel, suggested or discussed with counsel for Roger Levitt before 22 November.
§ The Attorney-GeneralI refer my hon. Friend to my earlier answers today.
§ Mr. John MarshallTo ask the Attorney-General what consultations Mr. David Cocks, QC, had with any person in his Department before writing his article of 7 December inThe Times in relation to the Levitt case; and what guidance was given on the line such an article should take.
§ The Attorney-GeneralNone.
§ Mr. John MarshallTo ask the Attorney-General what Crown Counsel were told by Mr. Levitt's counsel about their intentions to cite precedents in seeking a non-custodial sentence before accepting his guilty plea to only the Financial Intermediaries, Managers and Brokers Association charge.
§ The Attorney-GeneralI am informed by counsel that they were not informed of any such intention.
§ Mr. John MarshallTo ask the Attorney-General for what reasons Crown counsel, Mr. Fisher, asked the judge through his clerk on 9 November not to sit the following day in the Levitt case.
§ The Attorney-GeneralI am informed that Mr. Fisher made no such request. He acquiesced in a request made by leading counsel for Mr. Levitt.