Advisory & Procedural

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To be or not to be your CEO. That is the question.
Would you be able to spot a deep fake video of your CEO? Companies should prepare for the next wave of cybercrime in which criminals use AI-based software to impersonate voices and images. In this frightening new world, rigorous processes are key to managing a swift response to fraud, says Joe Hancock How well do
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Private prosecutions: taking the fight to international fraudsters
When the state won’t prosecute, or the victim of fraud wants to play a more direct role in securing access to justice, a private prosecution can offer victim’s their day in court and a route to punishment for the fraudsters, as well as restoration for the victim, writes Gareth Minty Why did the Swiss-registered company
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A banker’s quincecare duty: practical implications of some recent judicial authority
In Barclays Bank plc v. Quincecare Ltd [1992] 4 All ER 363, it was held that "a banker must refrain from executing an order if and for as long as the banker is 'put on inquiry' in the sense that he has reasonable grounds (although not necessarily proof) for believing that the order is an attempt to misappropriate the funds of the company".
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Fraud Insights: Protecting shareholder rights through unfair prejudice petitions
Where the affairs of a company are being or have been conducted in a manner that it is unfairly prejudicial to the interests of a shareholder, or an actual or proposed act or omission would be so prejudicial, a shareholder can apply to the Court under section 994 of the Companies Act 2006 through what is commonly known as an unfair prejudice petition.
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Fraud Insights: Criminal sanctions for wilful and reckless mismanagement of pension schemes
In February 2019, the Government published its response to the consultation on Protecting Defined Benefit Pension Schemes – A Stronger Pensions Regulator (the "Consultation Paper"). Amongst the new proposed regulations in the Consultation Paper, the government said it intends to create a new criminal offence of wilful or reckless behaviour in relation to a pension scheme punishable by a maximum penalty of up to seven years' imprisonment and/or unlimited fines.
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The Importance of the Duty of Full and Frank Disclosure Emphasised Once Again
The recent decision in Banca Turco Romana SA (in liquidation) v Kamuran Cortuk and others [2018] EWHC 662 (Comm) emphasises the importance of the duty of full and frank disclosure in the context of freezing injunctions. In this case, the claimant, a Romanian bank acting through its liquidator, had sought the continuation of freezing injunctions which had
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ACFE 2018 Report to the Nations
The 2018 Association of Certified Fraud Examiners’ Report to the Nations provides a detailed breakdown of occupational fraud from 125 countries. Occupational fraud is defined as the use of one’s occupation for personal enrichment through the deliberate misuse or misapplication of the employing organisation’s resources or assets. The Report identified the most common behavioural indicators
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The Ever Increasing Anti-Bribery, Corruption and Compliance Risks
Risk solutions firm, Kroll, has partnered with ethical business practices firm, Ethisphere, to produce the Anti-Bribery & Corruption Benchmarking Report 2018. The Report shows that organisations continue to be concerned about third party risks with the risk factor of opaque ownership structures increasingly becoming a priority for compliance teams. New forms of payment, such as
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