Edited by Barry Rider
- Research Handbook on International Financial Crime
- Foreword: some reflections on the evolution of economic and financial crimes
- Table of cases
- Chapter 1: The characteristics of economic crime and criminals
- Chapter 2: The concept of fraud: a comparative analysis
- Chapter 3: Financial crime: a historical perspective
- Chapter 4: Internationalization of crime and technology
- Chapter 5: Crimes of the powerful and legitimization
- Chapter 6: Organized economic crime
- Chapter 7: Trafficking crimes
- Chapter 8: Economic crime and terror: spinning a web of greed and fear
- Chapter 9: The misuse and abuse of the corporate form
- Chapter 10: Anti-money laundering regime in Hong Kong
- Chapter 11: Unfair competition and crime
- Chapter 12: Transparency and responsibility: recent developments in the regulation of hedge funds in the US and the EU
- Chapter 13: Corporate governance and responsibility
- Chapter 14: Good corporate governance and corporate social responsibility in Indonesian banking institutions: a pathway to preventing financial crime
- Chapter 15: Fiduciary duty of loyalty
- Chapter 16: Corporate criminal responsibility: a South African perspective
- Chapter 17: Insolvency-related crime
- Chapter 18: Engendering confidence in the financial system – challenges and observations
- Chapter 19: The financial crisis, economic crime and development
- Chapter 20: Responsibility and accountability in the financial sector
- Chapter 21: A new era of sentencing insider crimes
- Chapter 22: Regulation of insider dealing in China from the perspective of protecting the integrity of the capital markets
- Chapter 23: Compliance issues in the financial sector
- Chapter 24: Compliance – the risks and obligations
- Chapter 25: Practicalities of financial crime deterrence
- Chapter 26: Fraud in civil and criminal law
- Chapter 27: Fraud and restitution
- Chapter 28: Theory of fraud in French law: fraus omnia corrumpit – old law, new opportunities?
- Chapter 29: The concept of fraud in Islamic law
- Chapter 30: Computer related fraud
- Chapter 31: The legal mechanisms to control bribery and corruption
- Chapter 32: Corruption – new strategies
- Chapter 33: Corruption and international development assistance
- Chapter 34: Corruption in China
- Chapter 35: Corruption and public policy in post-conflict states
- Chapter 36: The pursuit of criminal property
- Chapter 37: Confiscation and forfeiture
- Chapter 38: Money laundering offences
- Chapter 39: Money laundering and the consent regime in the United Kingdom – time for change?
- Chapter 40: Civil asset recovery: the American experience
- Chapter 41: The management of information in the context of suspected money laundering cases
- Chapter 42: Anti-money laundering measures and the effectiveness question
- Chapter 43: AML: maintaining the balance between controlling serious crime and human rights
- Chapter 44: The regulation of the financing of terrorism
- Chapter 45: The traditional criminal justice system: its efficacy in dealing with financial and economically motivated crime
- Chapter 46: The management of complex fraud cases
- Chapter 47: Defending individuals charged with white collar crimes – challenges and strategies
- Chapter 48: Protecting the whistleblower
- Chapter 49: Rewards for whistleblowing
- Chapter 50: Auditors and fraud detection: an elusive role?
- Chapter 51: Control liability and compliance: tools for controlling financial crime
- Chapter 52: Disruption of crime and the use of intelligence
- Chapter 53: Extradition
- Chapter 54: International co-operation in fighting financial crime
- Chapter 55: The International Criminal Court and financial crime
- Chapter 56: Offshore issues in policing financial crime
- Chapter 57: Civil enforcement in the United States securities and banking industries
- Chapter 58: The practical issues in tracing and freezing in the context of civil recovery proceedings
- Chapter 59: Disqualification of those engaged in the management of companies and financial institutions
- Chapter 60: Strategic tools – for now and perhaps the future?
- Name index
- Subject index
Chapter 27: Fraud and restitution
The English Fraud Act 2006 usefully indicates that a person can be guilty of criminal fraud in three types of situation that reflect those that lead to various civil liabilities: (1) where the defendant makes a false representation, (2) where he fails to disclose information, and (3) where he abuses his position. For criminal liability subjective dishonesty is required: the accused must have been acting dishonestly according to the standards of ordinary decent people and must himself have realised that what he was doing was, by those standards, dishonest. For civil liability objective dishonesty can suffice, so that the defendant only needs to have been acting dishonestly according to the standards of ordinary decent people, though his conduct is assessed in the light of what he actually knew at the time when he acted. In the first situation a person is liable for fraud if he dishonestly made a false representation and intended thereby to make a gain for himself or another or to cause loss to another or to expose another to a risk of loss. A representation is false if it was untrue or misleading, and the representor knew that it was, or might be, untrue or misleading. A representation may be of fact or law or as to the state of mind of the representor or another person.
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