Commercial Fraud: Civil Liability, Human Rights and Money Laundering PDF Download

Author: Janet Ulph
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages :

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Author: Janet Ulph
Publisher: Oxford University Press, USA
ISBN: 9780198268673
Category : Law
Languages : en
Pages : 0

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Book Description
Theft, deception, bribery, rogue trading and money laundering present massive and apparently insuperable problems for governments worldwide. On a national and international scale, these types of activities may have social, economic and political repercussions. This new book is primarilyconcerned with the impact of these activities upon private individuals. The text analyses the position of the victim, the fraudster, recipients of property and accessories. The focus is upon the civil law aspects of fraud and the increasing significance of money laundering legislation and the law ofhuman rights. The main theme of this book is an examination of the extent to which fraudulent activity triggers special rules which are exceptions to the general principles of civil law. There is the further question of the extent to which theft and fraud affect transactions which are interlinked. Policy issuesare weighed in the balance, such as the protection of property rights against the need to ensure the free circulation of goods and the security of good faith purchase, and the demand for certainty in the law against the need to deter fraud.

Author: Janet Ulph
Publisher: Bloomsbury Publishing
ISBN: 1509905456
Category : Law
Languages : en
Pages : 354

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Book Description
This new text provides practical guidance on the modern law relating to cultural objects which have been stolen, looted or illegally exported. It explains how English criminal law principles, including money laundering measures, apply to those who deal in cultural objects in a domestic or international setting. It discusses the recovery of works of art and antiquities in the English courts where there are competing claims between private individuals, or between individuals and the UK Government or a foreign State. Significantly, this text also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency, is involved in the course of criminal or civil proceedings in an English court. The growth of relevant international instruments, which include not only those devoted to the protection of mankind's cultural heritage but also those concerned with money laundering and serious organised crime, provide a backdrop to this discussion. The UK's ratification of the UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in 2002 is considered. The problems posed in attempting to curb trafficking in art and antiquities are explored and the effectiveness of the current law is analysed.

Author: David Shepherd
Publisher:
ISBN: 9781549811937
Category :
Languages : en
Pages : 266

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Book Description
About this Guide:From discovery and investigation to enforcement of judgments, this guide gives legal and practical guidance for victims of commercial fraud. Business owners, managers, in-house and non-specialist lawyers will find expert guidance on: justice options, investigations, choosing, using and paying for lawyers, navigating the civil and criminal justice systems in England and Wales, making financial recoveries and international cases.The Authors:Ian Smith is a barrister (England and Wales) who specialises in representing victims of fraud. Ian works in both the civil courts and criminal courts, focusing on obtaining compensation for victims. He advises businesses and individuals on their justice options and their opportunities for recoveries in both domestic and international cases. Ian is a founding member of VOCAL - the Victims of crime Association of lawyers - an association which aims to improve awareness of the legal needs and rights of victims of crime in Europe. Ian is also an expert in anti-money laundering for other professionals and businesses.David Shepherd's engineering business was a victim of fraud. He successfully sought justice through both the criminal and civil courts. The fraudsters were jailed for over six years and David's business obtained compensation through the civil courts. The experience inspired David to undertake postgraduate research into fraud and he was awarded his Doctorate from the University of Portsmouth. David has switched career and is now a published researcher specialising in fraud and corruption.

Author: Paul McGrath QC
Publisher: OUP Oxford
ISBN: 9780199645992
Category : Law
Languages : en
Pages : 0

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Book Description
This comprehensive analysis of the principles and practice of international commercial fraud claims provides a readily accessible and detailed reference source for all those involved in commerical fraud litigation. The new edition includes an updated and much expanded treatment of all chapters in the light of recent developments, a more detailed treatment of interim relief (and sanctions for non- compliance) to reflect the increasing importance of these topics in this area, as well as the introduction of new chapters on contempt of court, lifting the corportate veil, interim receivers, sham trusts and proprietaru claims.

Author: Ian Smith
Publisher: Bloomsbury Publishing
ISBN: 1526509164
Category : Law
Languages : en
Pages : 247

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Book Description
It is estimated that there are over five million incidents of fraud and two million cyber-related crimes committed annually in the UK costing approximately £193 billion with organisations losing £183 billion per year. Aimed at business directors, business owners, in-house lawyers and managers, forensic accountants and non-UK lawyers, Commercial and Cyber Fraud: A Legal Guide to Justice for Businesses sets out the legal process, from discovery of the crime and consideration of options, through engaging lawyers, early interventions to secure assets in the hands of fraudsters and culminating in sections on legal rights and processes, including court trials. This new title: - Arms victims of business fraud with valuable information that will enable them to make confident and wise choices in their pursuit of justice right from the first discovery of commercial fraud or cyber fraud - Sets out both the civil and criminal court options for victims - Includes detailed guidance on how to choose, use and pay for lawyers - Explains strategic imperatives, the relative merits of the different justice options and the hurdles that might have to be overcome - Includes case studies and quotes from real victims of commercial and cyber fraud and insightful quotes from specialist fraud litigation lawyers - Contains an introduction to international fraud cases and cross-border laws

Author: Sally Ramage
Publisher: iUniverse
ISBN: 0595401988
Category : Law
Languages : en
Pages : 275

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Book Description
A Comparative Analysis of Corporate Fraud: Book Four examines corporate fraud in the United Kingdom compared with that of two civil law neighbouring countries, France and Germany, as well as the United States. The objective of the study is to discover how fraud occurs, how the two different legal systems treat fraud, contributing factors, and if recommendations were made to authorities in an attempt to combat this illegal activity. The UK can learn much from the French legal system and the way France prosecutes corporations. Germany's Criminal Code is equally comprehensive in its prescriptive definitions of fraud, especially corporate fraud. Although the UK is striving for a general law against fraud, the UK Fraud Offence Bill is very inadequate, lacking detailed solutions. The UK has become entrenched in upholding legal privilege, bowing to intense lobbying by the legal profession. And the use of electronic evidence, vital in prosecuting modern corporate fraud, remains overlooked. The attitude toward corporate fraud in the UK remains laissez-faire. By analysing corporate fraud in the US, France, and Germany, author Sally Ramage highlights examples that the UK can take from these countries that combat corporate fraud without derogation of established international human rights.

Author: Roberto Durrieu
Publisher: Brill Nijhoff
ISBN: 9789004207141
Category : Money laundering
Languages : en
Pages : 0

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Book Description
In Rethinking Money Laundering & Financing of Terrorism in International Law: Towards a New Global Legal Order, Roberto Durrieu provides a broad and original analysis of the phenomenon of money laundering, through a thorough examination of the financing of terrorism. The necessity of excluding the financing of terrorism from the legal definition of money laundering is clearly illustrated through extensive, original and comparative research. In addition, the book advocates the recognition of money laundering as an international crime strictu sensu that can be tried by a special international tribunal. The hidden, mutable, complex and global nature of the crime must be addressed multilaterally through a new, integrated and more effective global legal order which is consistent and compatible with civil guarantees and human rights principles. Part I studies the main extra-legal and legal aspects of money laundering by analyzing the meaning, causes and effects of this phenomenon and their link with the financing of terrorism, with special attention to the interconnection between the so-called preventive/regulatory AML-CFT system and the punitive approach. Part II provides a global-comparative analysis to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure. Finally, Part III examines the jurisdictional problems with respect to extra-territorial and large-scale money laundering cases. The book offers nuanced and thought-provoking answers to questions regarding the prohibition of money laundering, the financing of terrorism, and the relationship between them, the current state of associated International Law, the need for future action, and the human rights consequences of these crimes.

Author: Robert Goldspink
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1140

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Book Description
Personal Injury and Quantum Reports are full-text law reports covering quantum and liability cases. Drawn from the Court of Appeal, High Court and County Courts, many are unreported elsewhere. For ease of use, the reports are divided into two sections. Liability cases are grouped at the front whilst quantum damages awards are printed on yellow pages towards the back of the journal. Each case comprises a headnote followed by the full judgment Key word summaries highlight the case coverage within each issue A full cumulative index of cases over the previous year is listed at the back of each issue

Author: Gordon E. Kaiser
Publisher:
ISBN: 9780433447894
Category : Commercial crimes
Languages : en
Pages : 694

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Book Description
"Given the prevalence of corporate crime today, this area of law is no longer within the domain of just specialized litigators, but all corporate lawyers. In this well-researched text, all four areas of corporate crime are covered in one place: offences pertaining to competition law, securities regulation, commercial fraud, and bribery and corruption. While most other legal textbooks discuss commercial crime (crimes committed by individuals in business dealings), this book explores crimes committed by the corporation, a subject area that is difficult, if not impossible, to find in Canadian law books."--Pub. desc.