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Law of Economic Crime

Law of Economic Crime. Peter Alldridge Valsamis Mitsilegas David Ormerod. Major Groups of Crimes. Bribery/Corruption Fraud Money Laundering 20 years ago?. Recurrent themes. Globalisation Regulation of Markets Changing notions of criminality Changing roles of professionals ECHR

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Law of Economic Crime

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  1. Law of Economic Crime Peter Alldridge Valsamis Mitsilegas David Ormerod

  2. Major Groups of Crimes • Bribery/Corruption • Fraud • Money Laundering • 20 years ago?

  3. Recurrent themes • Globalisation • Regulation of Markets • Changing notions of criminality • Changing roles of professionals • ECHR • The taxation system • International obligations of UK • Fraud, Bribery, Laundering as part of criminal law • Terrorist finance

  4. Globalisation • Speed esp by Technology • Information transfer • Borders and jurisdiction • International collaboration • International competition • Multinational companies • International Policing

  5. Regulation of Markets Weights and Measures – Magna Carta 1215 Assize of Bread and Ale of 1266 Smuggling R v Jones “Shall we indict one for making a fool of another?”. (1703) Salk 379; 91 ER 330 Larceny Act 1757 30 Geo II c.24 (1757), given full rein by Young (1800) 3 Durnford & East 98; 100 ER 475 Compare Nathan Rothschild and the Battle of Waterloo De Berenger (1814) 3 M & S 67; 105 ER 536 Share-pushing and other impetus selling Monopolies cartels and other anti-competitive practices MLRs 2008

  6. Changing notions of criminality • Theft v fraud • “white collar” vs “regular” crime • Criminal law as a mechanism of market regulation • Market manipulation as a criminal matter • The “war on drugs” • Bribery and foreign trade • Bribery and politics • Politics and insider dealing • Tax and crime • Criminal law and other sanctions

  7. Changing notions of the obligations of professionals • Third party policing • Bankers and accountants • Lawyers • Academics (!)

  8. Criminal Law and Criminal Justice • ECHR • Article 6 • confiscation • “presumption of corruption” • Article 7 and certainty in • Conspiracy to defraud • Cheating the Revenue • First Protocol Forfeiture, confiscation and civil recovery

  9. Taxation and Criminal Justice • Treatment of tax fraud • HMRC powers to impose penalties • ‘distinction evasion/avoidance • Advent of self-assessment and increased rates of prosecution • Taxation and sovereignty - OECD Harmful tax convention

  10. International Obligations of UK • Bribery overseas OECD UNCAC • Obligations in respect of laundering FATF

  11. Domestic Criminal Law and Criminal Justice • Relationship to the ‘war on drugs’ and ‘war on terrorism’ • Enforcement policies • Moral Entrepreneurship • ‘Regular’ criminal law jurisprudence on gravity of offences, duties to inform, tipping off and mental states

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