Economic crime — Reflections on 2023 and looking forward to 2024

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In this article for LexisNexis Corporate Crime expert, Diana Czugler and Joseph Duggin discuss key economic crime developments in 2023 and what to keep an eye on this year. One key development is the new failure to prevent fraud offence and expansion of corporate criminal liability for economic crimes and the impact this might have […]

PRA poised to reveal details of new penalty discount scheme

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Under upcoming plans from the Prudential Regulation Authority, banks in the UK that self-report wrongdoing early could benefit from an “enhancement settlement discount”. The plans are to be fleshed out by the spring but, under the scheme, fines could be reduced by up to half. James Tyler was quoted in an article by Banking Risk […]

How to hear witnesses of fact: a flexible approach

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Central to the determination of many court cases – whether in the popular imagination or the hard reality of the English High Court – is credible, tested and persuasive evidence from witnesses of fact. This is usually to be given by the witness’s oral evidence in public (CPR 32.2(1)). However, in a number of cases, […]

Disclosure: beware of ambushing tactics

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The recent decision in AXA Insurance v Kryeziu, a low-value insurance dispute, provides welcome clarification of what is required of victims of fraud in both their pleadings and disclosure, and the consequences of failing to comply. In this article for Fraud Intelligence, Philip Gardner and Abbie Melvin review the facts and findings of the case, […]

‘Cum-ex’ scandal: Neil Swift quoted in the press

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On Tuesday, a German court found a former Freshfields Bruckhaus Deringer partner guilty of aiding and abetting dividend tax fraud, in connection with the ‘cum-ex’ scandal. Former head of tax, Ulf Johannemann, was sentenced to three and a half years in prison for his role in the fraud, having assisted the now-defunct Maple Bank to […]

Thinking globally – the role of international lawyers in a world searching for answers

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In our interconnected world, international lawyers play a crucial role in addressing cross-border challenges such as climate change and human rights abuses. Their expertise in navigating diverse cultures and intergovernmental relations positions them to create just and equitable solutions for a more harmonious international order. In this AIJA podcast, Charlotte Tregunna and fellow academic co-ordinators, […]

Enforcement landscape shifts as FCA embraces early intervention

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The Financial Conduct Authority (FCA) has undergone major change in recent years. In October 2020, Nikhil Rathi replaced Andrew Bailey as its CEO. In March 2023, Mark Steward stood down and was replaced by Therese Chambers and Steve Smart as joint Heads of Enforcement. In the same period, the Gloster Report, which had been commissioned […]

Listen to the judges in the fight against fraud

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Towards the end of last year, the government concluded the Online Fraud Charter, which sets out commitments by big online players to tackle the gigantic rates on online fraud. This is a positive move, but to truly address the fraud epidemic, it is important to also address the high value of frauds.  One important tool […]

Former Goldman analyst found guilty of insider trading and fraud

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Last week, a former Goldman Sachs International analyst was found guilty of insider trading and fraud at Southwark Crown Court, in a case brought by the Financial Conduct Authority (FCA). Mohammed Zina worked at the bank between 2014 and 2017, joining the Conflicts Resolution Group in 2016. Through this role, he came into possession of […]

Where defined terms go wrong: getting the freezing order terms right

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In addition to being a key forum for the substantive resolution of fraud disputes, the English court regularly plays an important role in support of foreign proceedings. Perhaps the cornerstone of this support are the different forms of interim relief it offers to a litigant engaged in foreign proceedings under section 25 of the Civil […]