UID:
edocfu_9961152620902883
Format:
1 online resource (498 p.)
Edition:
2nd ed.
ISBN:
1-317-75181-7
,
1-315-79686-4
,
1-317-75182-5
Content:
Banks: Fraud and Crime explores the main issues which arise in bank fraud world-wide and looks at the possible options available for corrective action. A series of leading commentators examine the basic nature of bank fraud and financial crime, comparing the legal and regulatory framework in England to those in place in the USA and elsewhere. Banks: Fraud and Crime also takes a detailed look at the core issue of money laundering at a national, regional and international level as well as considering the many other complex issues arising from bank fraud and financial crime.
Note:
Published jointly with the Centre for Commercial Law Studies and the London Institute of International Banking, Finance, and Development Law.
,
Second edition 2000 by LLP Professional Publishing.
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Cover; Half Title; Title Page; Copyright Page; Preface; Table of Contents; Contributors; Table of cases; Table of legislation; Chapter 1. Banks-Fraud and Crime: A Survey of Criminal Offences Under English Law; Introduction; Theft; Deception; Commercial Offences; Forgery; Fraudulent Trading; Conspiracy; Conclusions; Chapter 2. Serious Fraud-A Banker's Perspective; Nature and Extent of Fraud; The offence of fraud; The development of fraud investigation; The cost of fraud; The effect of the new system; Bank fraud; Fighting Fraud; Investigation and trial powers; Compensation and confiscation
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International enquiriesDilemmas for Banks; Banking confidentiality; Banks as policemen; The reporting dilemma; Practical consequences; (a) Documents; (b) Statements; (c) Staying of proceedings; Concluding Observations: Improving the Situation; Chapter 3. Banks, Policing and the Regulation of Money Laundering in England and Wales; Introduction and Historical Background; Money-Laundering Legislation and its Enforcement in the United Kingdom within its European Context; The activities covered by the legislation; The impact of legislation on professionals' responsibilities
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Evaluating the Impact of Money-Laundering Reports to DateConclusions; Chapter 4. Fraud Against Banks: A Practical Perspective; Administration; Documents; The team; Solicitors involvement; Retain accountants; Fidelity or other insurance cover; Computerise; Involve the police; Personnel; Freezing Funds; Mareva injunctions; Criteria for granting a Mareva; Worldwide freezing injunctions; Injunction in aid of tracing; Freezing overseas assets; Interlocutory Discovery Orders; Writ ne exeat regno; Settlement with a fraudster; Making Recoveries; Tracing; Constructive trust; Criminal Proceedings
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Staying civil proceedingsLimiting Exposure; Chapter 5. The Role of Auditors in Protecting Against Bank Fraud; Introduction; What is an audit?; Auditors and Fraud: The Role of the Courts; The Attitude of the Accountancy Profession: Serving Whose Interests?; To whom should auditors report a suspected fraud?; Bank Auditors and Fraud: A New Departure?; Ad hoc reports to the Bank of England; Conclusions; Chapter 6. Cross-Border Fraudulent Activity; Introduction; Securing the Evidence of the Fraud; Background; Extraterritorial subpoenas/court orders; The jurisdiction issue; The injunction issue
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Mutual assistanceCo-operation between investigators/supervisors; Extradition; The Schedule 1 scheme; The foreign state scheme; The Commonwealth scheme; The Convention scheme; The special arrangements scheme; The Trial; Regulatory Consequences; Chapter 7. BCCI and the Lessons for Bank Supervisors; Introduction; Recommendations for Reform; The Domestic Response; The Bank of England's response to the TCSC's reports; (a) The detection and deterrence of complex fraud; (b) The link between adherence to the "minimum criteria for authorisation" and revocation/restriction of licence
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(c) The merits of local incorporation for overseas bank operations in the UK
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English
Additional Edition:
ISBN 1-85978-550-6
Additional Edition:
ISBN 1-306-85411-3
Language:
English
DOI:
10.4324/9781315796864
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