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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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NCA report: Financial Trojans & Organised Crime
Once a fringe issue, cybercrime has become a key threat to businesses and individuals alike, and is central to UK law-enforcement strategy.
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The relentless rise of financial cybercrime
In recent years, political cybercrime has repeatedly made headlines. Yet amid a series of sensational stories stemming from alleged Russian hacking during the 2016 US presidential election, the media has largely overlooked a simultaneous surge in a potentially far more damaging global threat: financial cybercrime.
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International Strategies for white-collar crime enforcement
The US Department of Justice's ('DOJ') chief of the Foreign Corrupt Practices Unit of the Fraud Section, Daniel Kahn, has commented on the increase in international fraud investigations meaning a greater likelihood that US prosecutors will need to acquire evidence from overseas. He also indicates some of the difficulties this poses and outlines potential solutions.
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Worldwide freezing injunction granted against persons unknown
The jurisdiction to grant worldwide freezing injunctions against persons unknown is now “clearly established”, HHJ Waksman QC confirmed in the recent handing down of his judgment in CMOC Sales & Marketing Ltd v Persons Unknown [2018] EWHC 2230 (Comm). The Claimant in this case, an English company managed by its sister company in the USA,
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Private prosecution success over fraudster
A former car dealer has been jailed for eight years for a multi-million pound investment fraud – even though the Crown Prosecution Service had refused to charge him, BBC News has learned.Paul Sultana was convicted after the company he had defrauded brought a private prosecution – criminal proceedings which are not initiated by the state.
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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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