Fraud

Author: Adrian Eissa
Publisher: Bloomsbury Professional
ISBN: 9781780431376
Format: PDF, Mobi
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This handbook is a practical and essential guide to fraud in the UK and the relevant investigatory bodies. It enhances the reader's practical understanding of fraud, and how it is committed, detected, prosecuted, and defended. The book clearly identifies the prevalent ways in which particular types of fraud are committed in the UK and the defenses thereto. Tables are used to provide instantly accessible checklists of what must be proved, the means by which it is often proved, and frequently encountered issues and defenses. No other book provides practical assistance by way of indicators of prevalent fraud offenses, nor the way in which defendants often respond to such indicators. Contents includes: historical approach to fraud and modern approach to fraud (UK Fraud Act 2006) * powers and duties of prosecutorial authorities: CPS, HMRC, serious fraud office, financial services authority, and trading standards * prevalent offenses: MTIC (Missing Trader Intra community), ponzi, boiler room, long firm, advance fee, carbon credit, VAT fraud, mortgage fraud, land banking fraud, cheating the revenue, conspiracy to defraud, money laundering, Fraud Act offenses * common defenses * frequent or typical disclosure requests * the role of the "Preparatory Hearing" and applications for "Interlocutory Appeals" * disclosure in fraud cases * abuse of process in fraud * civil alternatives to fraud prosecutions * sentencing * confiscation, including civil recovery/asset tracing.

Fraud

Author: Alan Doig
Publisher: CRC Press
ISBN: 1317133129
Format: PDF, ePub, Docs
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Fraud: The Counter Fraud Practitioner's Handbook looks at fraud investigation methods and explores the practical options for preventing and remedying fraud. An effective fraud and financial crime strategy involves intelligence and prevention, criminal and civil legal procedures, and asset recovery, all of which may involve investigators, internal auditors, security managers, in-house and external legal counsel and advisors. Your strategy depends on the outcomes you are seeking, the nature of the fraud or crime committed and the countries involved. Fraud provides a clear picture of the role of compliance, civil and criminal legal process in any fraud strategy. Chapters then cover investigation strategies for each of the following types of fraud: benefit, health, procurement, employee, telecoms, fiscal, corporate, charity, legal and accounting. Part Three explores the practical options for fraud prevention and remediation, including both civil and criminal asset recovery. This is an essential reference for both public and private sector fraud and security specialists who need to understand the strengths and weaknesses of each element of their organization's strategy against fraud and are seeking to learn from the approach of their colleagues in other industries or organizations. Written by and for practitioners, it is a handbook that deals with the knowledge, detail and the craft that underpins all effective anti-fraud work.

Confiscation Law Handbook

Author: Adrian Eissa
Publisher: Bloomsbury Professional
ISBN: 9781784514235
Format: PDF, Docs
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Confiscation Law Handbook, Second Edition provides practitioners with a practical, user-friendly guide to this complex area of law. The clear analysis of legislation and proliferating case law allows principles to be quickly identified and understood. A stage by stage explanation of the procedural requirements ensures that required forms and responses are completed well and within time limits. Since the first edition, there have been a number of significant developments, most notably in case law at Supreme Court level which has had a profound impact on the calculation of benefit and the need to achieve proportionality and compliance with the Human Rights Act. There have also been cases, again at Supreme Court level, on apportionment and double recovery. Cases covered in the second edition include: Criminal confiscation Supreme Court case of R v Waya (2012) which has a profound impact on the calculation of benefit and the need to achieve proportionality and compliance with the Human Rights Act 1988 and Article 1 of the First Protocol of the European Convention. Supreme Court case of R v Ahmad and Field (2014), a crucial case on apportionment and double recovery. Court of Appeal case of Shakeel Ahmed (2012) the CA largest ever confiscation order overturned. Civil recovery Perry v Serious Organised Crime Agency (2012) implications to extra territorial jurisdiction of the Part V powers.

Research Handbook on International Financial Crime

Author: Barry Rider
Publisher: Edward Elgar Publishing
ISBN: 178347579X
Format: PDF, Kindle
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A significant proportion of serious crime is economically motivated. Almost all financial crimes will be either motivated by greed, or the desire to cover up misconduct. This Handbook addresses financial crimes such as fraud, corruption and money laundering, and highlights both the risks presented by these crimes, as well as their impact on the economy. The contributors cover the practical issues on the topic on a transnational level, both in terms of the crimes and the steps taken to control them. They place an emphasis on the prevention, disruption and control of financial crime. They discuss, in eight parts, the nature and characteristics of economic and financial crime, The enterprise of crime, business crime, the financial sector at risk, fraud, corruption, The proceeds of financial and economic crime, and enforcement and control. Academics interested in criminology, law, as well as business and legal studies students will find this book to be an invaluable resource. Practitioners, including lawyers, compliance and risk managements, law enforcement officers, and policy makers will also find the points raised to be of use.

Sentencing Guidelines in Antitrust

Author: Robert Engelbrecht Hauberg
Publisher: American Bar Association
ISBN: 9781570736742
Format: PDF
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"This handbook was prepared by members of the Antitrust Section's Criminal Practice and Procedure Committee to provide the practitioner with a general overview and explanation of the Sentencing Guidelines, promulgated by the United States Sentencing Commission, applicable in criminal antitrust cases involving both corporate and individual defendants. It is intended as a practice aid that would prove helpful in counseling clients, assessing exposure, determining and advocating sentence ranges and fines, and evaluating and negotiating leniency and plea agreements." -- from the Foreword, p. iii.

A Practical Guide to INTERPOL and Red Notices

Author: Christopher David
Publisher: Bloomsbury Professional
ISBN: 9781526505903
Format: PDF, ePub
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Red Notices are issued by INTERPOL in response to a request by a national police force to locate a wanted person and have them arrested for the purposes of extradition to the requesting state. There is no single practitioner guide to this important process and, in fact, it is an area of law that is extremely difficult to get clarity on. A Practical Guide to INTERPOL and Red Notices puts context around red notices, including the history and structure of INTERPOL, as well as providing the legal basis for finding out where a red notice exists and, if so, how it might be challenged. It also explains how extradition engages with INTERPOL and red notices, with mention of EAWs (European Arrest Warrants). Practical guidance will be way of case studies and tactics/tips based on the authors' own experiences. The book also includes a comprehensive set of Appendices of all relevant INTERPOL Resolutions, Statues and Operating Rules, as at present there is no single source for these other than being spread around INTERPOL's website.

Richardson and Clark Sexual Offences A Practitioner s Guide

Author: Nigel Richardson
Publisher: Bloomsbury Professional
ISBN: 9781780433271
Format: PDF, Docs
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Richardson and Clark: Sexual Offences A Practitioner's Guide is aimed at the busy criminal practitioner and provides easily accessible reference material and practical advice. The law surrounding sexual offences is complex with many facets that are difficult to grasp when a quick response is often required, particularly at the early stages of arrest and police questioning. There are also numerous considerations throughout the trial process itself. The key focus of the book is to provide a combination of 'at a glance' information in the form of flowcharts and checklists for immediate solutions, practical guidance and insight on preparing and conducting a case for trial. It includes reference material in tabular form so practitioners can quickly and easily find the information they require. Richardson and Clark: Sexual Offences A Practitioner's Guide alerts the reader to issues which might arise when conducting a particular element of the process and advises them on the choices they have and the ramifications of such choices. Contents includes: Introduction; Concepts; Offences (chart format including elements, mensrea, defenses, sentence): Sexual Offences Act 2003; Common Law and other statutory offences; Sexual Offences Act 1956 (historic cases); Topics covering investigation and trial; Sentencing and orders following conviction; Appendices: Sex Case Checklist; CPS Rape Prosecution Checklist; Sentencing Chart; Definitive Sentencing Guidelines; Crown Court Bench Book; Police station materials; Serious and Specified Offences under CJA 2003; Schedule 3 and Schedule 5, SOA 2003.

Criminal Appeals Handbook

Author: Daniel Jones
Publisher: Bloomsbury Publishing
ISBN: 1780434634
Format: PDF, Docs
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Criminal Appeals Handbook provides practical assistance to legal representatives of clients who are seeking to challenge convictions or sentences in the Court of Appeal and beyond. This book will also be of interest to those convicted and their families by assisting them to understand the process, their rights and their options. The process of appealing to the criminal court is an area of law where the practitioner and the layman are in need of practical guidance. The changes that the criminal profession is experiencing are likely to result in an increased need for guidance in this area, especially for solicitor advocates who, unlike chambers- based counsel, have not experienced the Court of Appeal as part of their training. In order to be of maximum practical assistance, the book takes each topic in the order in which it arises in the appeal process. It begins with how to obtain advice including funding for advice and assistance legal aid, potential grounds of appeal, lodging, etc. and will follow the process through to the conclusion of the case in the Court of Appeal. There is then a short section on Appeal to the Supreme Court followed by reference to the Criminal Case Review Commission, then finally international remedies (ECtHR and UNHRC). Criminal Appeals Handbook covers the following topics: Appeals against conviction; Appeals against sentence; Referrals to the CCRC; Pardons; Applications to the ECtHR; Application to the UN Human Rights Committee. Each chapter is divided into small subsections. The sections concerned with the law begin by stating the law, with the authority and a short explanation and conclude by citing the other relevant case law in the area. Chapters concerned with procedural aspects of the process conclude with a checklist of relevant matters. Guidance on funding each aspect of the appeal process is also included. This book brings together and restates the law that has been set out elsewhere in various cases, textbooks, guidelines and practice directions, in a practical, comprehensive and user-friendly style.