Fraud: Law, Practice and Procedure

Fraud: Law, Practice and Procedure
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Fraud: Law, Practice and Procedure

Corporate fraud, money laundering, financial scandals, corruption and bribery - these are all topics that are never far from newspaper headlines. The first major work from Butterworths on fraud, this single volume looseleaf holds over 50 specially commissioned chapters from acknowledged experts. The authors include solicitors, counsel, accountants and other professionals, so that the work provides an overview of all types of fraud, prevention, detection, and remedies.

Fraud: Law, Practice and Procedure is designed to provide authoritative legal text coupled with practical guidance. The logical structure of the text begins by defining the legal framework of fraud, then takes readers through procedure and evidence, the conduct of cases, sentencing, investigation, prosecution, management and regulation, and civil remedies.

As the law and procedures change rapidly to keep up with the increasingly international scope and reach of fraud and technological developments, this looseleaf work will grow and change, to provide the most comprehensive and up-to-date fraud service available.

Part 1 - The Legal Framework
Section A - Theft and the Common Law: Introduction
Theft Act and Fraud Act Offences
Common Law Offences
Section B - Other Statutory Species of Fraud: Frauds on Investors
Insider Dealing
The Customs arm of HM Revenue and Customs
Money Laundering
Fraudulent Trading and Other Frauds on Creditors
Regulatory Offences
The Criminal Cartel Offence
Fraud on the Consumer
Identity Fraud

Part 2 - Procedure and Evidence
Section A - The United Kingdom: Procedural Considerations:
Evidential Considerations
The Investigator's Perspective;
Section B - Overseas: Cross Border Jurisdiction (Crime);
Mutual Legal Assistance/International Co-operation;

Part 3 - The Conduct of Serious Fraud Cases,
Section A - Prosecuting Serious Fraud: The Serious Fraud Office and Other Bodies;
Prosecution Disclosure;
The Indictment;
Using the Criminal Justice Act 1987 Framework;
Section B - Defending Serious Fraud: Preparing for Interview: Protecting and Advancing a Client's Legal Rights;
Defending Cases;
Financing the Case;
Abuse of Process and Delay;
Evidence and the Expert Witness;

Part 4 - Sentencing and Confiscation: Sentencing;
Restraint and Confiscation;
The Proceeds of Crime Act 2002: Civil Recovery Regime;
Overseas Assets;
Enforcement in the Criminal Courts;
The Role of the Court Receiver;

Part 5 - The Investigation of Fraud: Corporate Governance;
The Investigator;
Investigative Interviewing and Recording of Interviews;
The Forensic Accountant;
Forensic Voice Analysis;
Handwriting and Signature Evidence;
The Forensic Examination of Documents;
Forensic Computing;
Computerising the Handling and Management of Cases: Approaches and Issues;

Part 6 - Remedies Aiding the Control and Management of Fraud: Employment Law and Disciplinary Procedures;
The Insolvency Route;
Directors Disqualification;
Competition Law Considerations: OFT Powers of Investigation;
Competition Law Considerations: Disqualification of Directors for Competition Offences;
Civil Fraud Actions and Parallel Criminal Proceedings;
The Collateral Use of Information and Evidence in Other Proceedings;

Part 7 - Remedies in the Civil Courts: Freezing Injunctions and Related Process;
Tracing Assets;
The Role of the Court Receiver and Trustee in Civil Recovery. Legislative Material


Consultant Editors: The Honourable Dame Linda Dobbs QC, Gerallt Owen, Gary Summers

1706 : 8850