Immigration analysis: The Upper Tribunal (UT) held that applicants had relied on fraudulent or dishonest documents in visitor visa and judicial review proceedings, where repeated documentary similarities established a prima facie case that went unrebutted. It clarified that, although solicitors need not ordinarily verify clients’ instructions, apparent ‘red flags’ of fraud trigger a duty to make reasonable enquiries and, in judicial review, the duty of candour requires practitioners to assist the Tribunal in preventing abuse of process; legal professional privilege may also yield to the iniquity exception. Firms handling similar cases must identify and investigate recurring anomalies. The Tribunal also confirmed that withdrawal may be refused where suspected fraud engages the public interest in protecting its processes. Produced in partnership with Eva Doerr of Garden Court Chambers.

Law360, Expert analysis: The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), is not new. It has already affected the UK-based managers of private equity, venture and other alternative investment funds through its reforms to UK limited partnership law, principally to tighten registration requirements and increase transparency. Andrew Henderson, partner and co-leader of the Goodwin Procter LLP's European financial regulatory practice, sets out questions for managers and their lawyers who advise them to consider when assessing the scope and effect of the failure to prevent fraud (FTPF) offence.

Law360, London: White-collar criminal lawyers are picking up more and more work investigating allegations of non-financial misconduct inside the world's biggest companies, amid a sharp rise in incidents reported by the City watchdog ahead of a crackdown.

1 Introduction 1.1 We have conducted an organisation-wide assessment of fraud, covering: 1.1.1 the risk of failing to prevent fraud being committed on our behalf; and 1.1.2 the risk of our organisation itself falling victim to fraud. 1.2 This document records the risks we have assessed, the conclusions reached, and details of action points we consider necessary as a result of this assessment. 2 Overview of the organisation Size and nature of the organisation [Insert details] Staff [Insert details, eg composition of staff base, staff turnover and any other relevant employee metrics] We are [not ]a large organisation for the purposes of section 199(1) of the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) [Insert details] [Our parent company [(including its subsidiaries) ]is [not ]a large organisation for the purposes of section 199(1) of ECCTA 2023] [Insert details] Description of work or practice areas and their relative size and significance to the business [Insert details] Customer types [Insert details, ie are your customers individuals, UK corporate entities, overseas entities (EU or global), entities listed on a regulated market, credit or financial institutions, government or local authorities, etc?] Sources of customers [Insert details—consider whether you have a restricted or closed customer base, or

1 Introduction 1.1 Fraud is a major issue affecting individuals and businesses in every country and in every sector. 1.2 Fraud can be incredibly damaging. It can affect our organisation in two ways, ie where our organisation: 1.2.1 is the intended victim of the fraud; and 1.2.2 fails to prevent an associated person committing fraud intending to benefit our organisation, or in some cases, our customers. 1.3 We run our organisation with integrity and in an honest and ethical manner. All of us must work together to ensure it remains untainted in any way by fraud. 1.4 This policy is a crucial element of that effort. It has the full support of the [insert senior management body, eg Board]. It sets out the steps all of us must take to prevent fraud in our organisation and to comply with relevant legislation. 2 What is fraud and how does it affect us? 2.1 Generally, fraud is a crime that involves deception or theft to gain an advantage. 2.2 The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) introduced a corporate failure to prevent fraud offence, which captures a wide range of fraud offences committed for the benefit of our organisation, including: 2.2.1 fraud

Question Correct answer 1. What is fraud? (b) Generally, fraud is a crime that involves deception or theft to gain an advantage 2. How can a company commit the failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023? (a) When an ‘associated person’ commits a fraud offence, intending to benefit the company, and the company lacks reasonable prevention procedures 3. The only relevant defence to a failure to prevent fraud charge, is

How to use this test These questions are designed to test your understanding following training on fraud risk management. After you have completed this test, please return it to [insert name]. General Name of person completing test [Insert name] Role [Insert role] Date [Insert date] Multiple choice questions Circle the correct answer. Question Multiple choice answers 1. What is fraud? (a) Soliciting or accepting a bribe(b) A crime that involves deception or theft to gain an advantage(c) Exercising powers of ownership over a person 2. How can a company commit the failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023? (a) When an ‘associated person’ commits a fraud offence, intending to benefit

Please click for an Excel version of this register. General Course name/description [Insert course name/description] Reason

This Fraud risk management checklist pulls together requirements in the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) and associated guidance relating to the failure to prevent fraud offence contained in ECCTA 2023 and the prevention procedures the government expects commercial organisations (including law firms) to put in place. It also includes best practice recommended actions designed to help organisations protect against falling victim to fraud. There is a significant degree of overlap. This Checklist signposts relevant Lexis+® UK resources you can use to help you comply. For more guidance, see Practice Notes: How to manage fraud risk and How to identify and assess fraud risks. It adopts the six guiding principles set out in the government guidance on the failure to prevent fraud offence, namely: • top-level commitment • risk assessment • proportionate risk-based prevention procedures • due diligence • communication (including training), and • monitoring and review For further information on the six guiding principles, see Practice Notes: How to identify and assess fraud risks and Key risk areas—fraud—law firms. Top-level commitment Top-level commitment is

[Insert organisation name] takes great pride in the way we conduct our business. Our Code of ethics embodies the standards and policies under which we operate. It applies to us all. Please take care to read the Code, understand it and use it to guide you in your work. If you have any questions about the Code and its application, you should speak with [insert contact details]. 1 What is fraud? 1.1 Generally, fraud is a crime that involves deception or theft to gain an advantage. 1.2 The failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) captures a wide range of fraud offences committed for the benefit of our organisation, including: 1.2.1 fraud by false representation; 1.2.2 fraud by failing to disclose information; 1.2.3 fraud by abuse of position; 1.2.4 obtaining services dishonestly; 1.2.5 participation in a fraudulent business;

It will come as no surprise to practitioners that their older clients are the most vulnerable to financial abuse. Often that abuse is not discovered until after it has been committed. Whether anything can be done after the event rather hinges on what fraudulent activity has been perpetrated. Thus the main headings under which a claim may be made are: • common law fraud sometimes referred to as the law of deceit • equitable fraud—breach of fiduciary duty where one party has assumed to act in relation to the property and affairs of another • undue influence where the benefit to one party is out of all proportion to the consideration provided • mistake • the liability of third parties Having established that the client fits into one of these categories there are a number of possible remedies that can be pursued: • personal claims: ◦ damages for deceit ◦ equitable obligation to account • proprietary claims: ◦ tracing at common law ◦ tracing in equity Personal claims Personal

Law360, London: A fraud victim failed on 22 November 2024 to revive its claim against National Westminster Bank Plc for not stopping more than £420,000 in payments to the scammers' bank account, after a London judge ruled the company did not have a reasonable chance of overturning the dismissal.