Download or read book Commercial Fraud Civil Liability Human Rights and Money Laundering written by Janet Ulph and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commercial Fraud written by Janet Ulph and published by Oxford University Press, USA. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Illicit Trade in Art and Antiquities written by Janet Ulph and published by Bloomsbury Publishing. This book was released on 2015-11-05 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Commercial Fraud written by David Shepherd and published by . This book was released on 2017-09-27 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Commercial and Cyber Fraud A Legal Guide to Justice for Businesses written by Ian Smith and published by Bloomsbury Publishing. This book was released on 2019-05-23 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Commercial Fraud in Civil Practice written by Paul McGrath and published by Oxford University Press, USA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides clear and practical guidance on the complex issues that arise in commercial fraud claims. By bringing together all current sources of legal thinking the author presents a coherent and readily accessible guide for the busy practitioner. Setting the scene with a discussion of the types of relationships which give rise to liability, including fiduciary relationships, the author then examines the liability of those who receive the proceeds of fraud. He considers the meaning of 'knowing receipt' and the nature of claims for unjust enrichment and constructive trusts. The work examines the availability of proprietary relief in the context of commercial fraud and assesses how best to apply the rules on tracing through modern means of money transfer such as BACS and CHAPS. McGrath concludes with a discussion of tracing, conflict of laws and procedure.
Download or read book International Commercial Fraud written by Robert Goldspink and published by . This book was released on 2002 with total page 1140 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Corporate Crime and Civil Liability written by Gordon E. Kaiser and published by . This book was released on 2012 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Anti Money Laundering written by Waleed Alhosani and published by Springer. This book was released on 2016-07-14 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses the role of the United Arab Emirates Financial Intelligence Unit (FIU) in the Suspicious Activities Reports regime. The author pays particular attention to its functions and powers in dealing with Suspicious Activities Reports and relevant requirements imposed upon the reporting entities. In the analysis, the author also compares the United Arab Emirates FIU model to the United Kingdom FIU model. In addition, the book investigates whether the current United Arab Emirates FIU model complies with the relevant international recommendations developed by the Financial Action Task Force in relation to the establishment of the unit, as well as its powers and functions. This book suggests that more can be done to improve the current functions and powers of the United Arab Emirates FIU in an international context. Furthermore, the author suggests that the functions and powers of the United FIU model both comply with the international requirements and beneficially extend beyond their directives.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Accessory Liability written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.
Download or read book Research Handbook on Transnational Crime written by Valsamis Mitsilegas and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook on Transnational Crime is an interdisciplinary, up-to-date guide to this growing field, written by an international cohort of leading scholars and experts. It covers all the major areas of transnational crime, providing a well-rounded, detailed discussion of each topic, and includes chapters focusing on responses to transnational crime in specific regions.
Download or read book Maritime Fraud and Piracy written by Paul Todd and published by Taylor & Francis. This book was released on 2013-07-04 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main focus of this book is the impact of maritime fraud on contracts for sale and carriage, documentary credits and marine insurance. It covers all varieties of maritime fraud, from the most serious downwards, describing the methods employed and the risks to traders and carriers. At the serious end of the spectrum, pirates capture an entire ship, often murdering the entire crew, in order to sell the cargo (to which of course they have no title), later to use the “innocent” ship to pose as innocent traders. Less serious (but perhaps of greater interest to lawyers) are misdescriptions of cargo in, or backdating of, bills of lading, and other deceptions, usually practised on purchasers and banks.
Download or read book Research Handbook on International Financial Crime written by Barry Rider and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 851 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Title and Title Conflicts in respect of Intermediated Securities under English Law written by Wenwen Liang and published by Cambridge Scholars Publishing. This book was released on 2013-08-19 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines property issues in respect of intermediated securities under English law, namely title and title conflicts between a true owner and a purchaser. Intangible book entry securities held with an intermediary, often commingled with the holdings of other clients of the intermediary, often give rise to uncertainty in property rights in the securities of an investor under most legal systems, for example, whether property rights can be established and how title conflicts are dealt with. This book identifies the flexible framework of English property law for establishing property rights over commingled intangibles, in particular through trusts; establishes the policy of priority rules as of comparing the merits of rights and preferring a vested right of a true owner over a subsequent purchaser, particularly a vested right under fiduciary relations. The book works towards the conclusion that, given the general principle of English property law for vested rights, title conflicts may be tilted towards purchasers in a mild rather than a radical way, by introducing a good faith purchaser rule to intermediated securities or leaving it to judicial discretion where an estoppel might work in favour of a purchaser. This book is suitable for lawyers, officials and academics in the field of intermediated securities, as well as trust, property and financial regulation.
Download or read book Defences in Tort written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
Download or read book Corporate Lawyers and Corporate Governance written by Joan Loughrey and published by Cambridge University Press. This book was released on 2011-06-02 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This assessment of the corporate governance role of corporate lawyers in the UK analyses the extent to which lawyers can and should act as gatekeepers, counsellors and reputational intermediaries. Focusing on external and in-house lawyers' roles in both dispersed share-ownership and owner-managed companies, Joan Loughrey highlights the conflicts of interest that are endemic in corporate representation and examines how lawyers should respond when corporate agents provide instructions contrary to the company client's interests. She also considers the legitimacy of 'creative compliance', the ethical arguments for and against lawyers prioritising the public interest over their clients' interests, and their exposure to liability if they fail to perform a corporate governance role. Finally, she considers whether the reforms to the legal profession will promote the lawyer's corporate governance role and advances suggestions for reform.
