Common Law Fraud Liability to Account for It to the Owner
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Charging Language
1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only -
RE-VISITING the FRAUD ACT 2006 – a STEP TOO FAR? Hannah Willcocks
RE-VISITING THE FRAUD ACT 2006 – A STEP TOO FAR? Hannah Willcocks Brought into force on 15th January 2007,1 the Fraud Act 2006 (‘the Act’) has now been part of the criminal law of England and Wales for over 12 years. Through the introduction of a new general offence of fraud, its aim was to improve the law by making it: a. more comprehensible to juries, especially in serious fraud trials; b. a useful tool in effective prosecutions; c. simpler and therefore fairer; and d. more flexible so able to encompass all forms of fraud 2 and “deal with developing technology”.3 Following the Act’s implementation, it has generally4 been accepted5 that the Act has managed to overcome the vast majority of the difficulties previously encountered with the old offences of deception.6 In 2012, in its Post-Legislative Assessment of the Fraud Act 2006, the Ministry of Justice (‘MoJ’) concluded that the aims and objectives of the 1 The Fraud Act 2006 (Commencement) Order 2006 (SI 2006/3200). 2 Law Commission, Fraud (Law Com No 276, Cm 5560, 2002), para 1.6. 3 Home Office, Fraud Law Reform: Consultation on Proposals for Legislation (2004) p. 5. 4 For a contrary view see Anthony Arlidge QC, Jonathan Fisher QC, Alexander Milne QC and Polly Sprenger, Arlidge and Parry on Fraud (5th edn, Sweet & Maxwell 2016) 44, para 3-005. 5 See e.g. Simester and Sullivan’s Criminal Law, Theory and Doctrine (5th edn, Hart Publishing Ltd 2013) 610; Andrew Ashworth & Jeremy Horder, Principles of Criminal Law (7th edn, Oxford University Press 2013) 405; Carol Withey ‘The Fraud Act 2006 – some early observations and comparisons with the former law’ (2007) 71(3) Journal of Criminal Law, 220 – 237, 228 – 236; Nicholas Yeo, ‘Bull’s-Eye’, 157 NLJ 212 & 418. -
British Deficiencies in Relation to American Clarity in International Anti-Corruption Law
GREASING THE WHEELS: BRITISH DEFICIENCIES IN RELATION TO AMERICAN CLARITY IN INTERNATIONAL ANTI-CORRUPTION LAW Todd Swanson* TABLE OF CONTENTS I. CORRUPTION: A ROUTINE PRACTICE, BUT NOT FOR LONG ...... 399 II. AMERICA'S CORRUPTION LEGACY: FROM NIXON'S SHAME TO CLINTON'S TRIUMPH ................................... 402 A. Watergate: Tricky Dick Opens America's Eyes and Congress Reacts .................................... 402 B. Clinton 's Less Noted, but ImportantLegacy: Making InternationalAnti-Corruption Law a Priority ............. 403 C. Building InternationalConsensus: Other International OrganizationsBegin to Make Law ...................... 405 D. The Capstone of the InternationalAnti-Bribery Movement: The OECD Convention ............................... 406 E. Making Sure States Keep Their Promises: The OECD Working Group on Anti-Bribery in International Business Transactions ............................... 407 III. AGREE TO DISAGREE: AMERICAN AND BRITISH IMPLEMENTATION OF THE OECD CONVENTION .............. 408 A. The United States' FightAgainst Corruption: The Foreign CorruptPractices Act and American Implementation of the OECD Convention ................ 408 1. Who Cannot Offer Bribes Under FCPA? .............. 408 2. Who Must One Bribe to Be Convicted Under the F CPA ? ......................................... 409 3. What Acts Constitute Bribes Under the FCPA? ......... 410 * J.D., University of Georgia School of Law, 2007; Certificate of European Law Studies from the Universit6 Libre de Bruxelles, Brussels, Belgium, 2005; B.S., Psychology, B.A., Political Science, University of Illinois, Urbana-Champaign, 2004. To my parents-thank you for all the love and support. GA. J. INT'L & COMP. L. [Vol. 35:397 4. What Level of Intent Is Required by the FCPA? ......... 411 5. Affirmative Defenses Under the FCPA ................ 412 6. Complicity in Bribery as Covered Under U.S. Law ...... 413 7. What Sanctions Do Violators of the FCPA Face? ...... -
Aberdeen Student Law Review
Aberdeen Student Law Review With thanks to our sponsors Stronachs LLP July 2011 Volume 2 www.abdn.ac.uk/law/aslr THE EDITORIAL BOARD 2010 - 2011 Managing Editor Leanne Bain Editors Alice Cannon Ross Douglas Emma Fraser Stuart Lee Bruce Mangeon Fairweather Charlotte Taylor Ryan T. Whelan Jennifer White FOREWORD BY THE HON . LORD WOOLMAN SENATOR OF THE COLLEGE OF JUSTICE Has the ASLR already reached its second volume? I am delighted that the brio of those involved in launching the project has been sustained. That is evident from the table of contents for the new volume. The topics range across legal history, oil and gas law and the law of evidence. In my view, volume two confirms that the ASLR is continuing to make a significant contribution to legal learning in Scotland. Stephen Woolman July 2011 INTRODUCTION TO VOLUME TWO In 1987 Professor Erwin N Griswold, former Dean of Harvard Law School, gave an insight into the history of the Harvard Law Review, the oldest student-led law review in the world. He acknowledged: Some people are concerned that a major legal periodical in the United States is edited and managed by students. It is an unusual situation, but it started that way, and it developed mightily from its own strength.1 I firmly believe in the strength of the student law review, and it is this belief that has shaped the endeavours of the editorial team during the past year The second year of a professional publication can be as difficult as the first, and this year has certainly not been without challenge. -
Think Box 13.5
Loveless, Allen, and Derry: Complete Criminal Law 7e, Chapter 13 Thinking Point 13.1 Has D committed fraud by false representation under s2 Fraud Act 2006? An auction house sells a painting by Picasso, believing it to be genuine. It turns out to be a forgery. Do they have MR for s2? Answer guidance 1. AR: False representation MR: Knowledge that the representation is false, dishonesty and intention to make a gain/loss/risk loss to another. Any auction house will always harbour a suspicion about the authenticity of art. They will therefore know that their representation might be false. But in the absence of dishonesty, assessed objectively (Ivey) they will lack MR. Thinking Point 13.2 D applies for foreign travel insurance for a forthcoming holiday and deliberately fails to disclose a recent operation involving major surgery. Whilst on holiday, her condition deteriorates and she requires expensive medical treatment. She submits a claim for this under the insurance policy. Has she committed fraud under s3? Answer guidance Yes. Any type of insurance contract is one of ‘utmost good faith’ and D will have both a contractual and also a criminal duty to disclose relevant information. The presence of dishonesty and intent to make a gain/cause loss/expose another to risk of loss will secure conviction under s1. Dishonesty is assessed objectively. Thinking Point 13.3 Has D committed fraud under s4? 1. D, a Citizen’s Advice Bureau adviser, professing to offer free advice and assistance, obtains compensation of £5000 on behalf of an elderly client for whom she had taken legal proceedings. -
Imagereal Capture
Some Aspects of Theft of Computer Software by M. Dunning I. INTRODUCTION The purpose of this paper is to test the capability of New Zealand law to adequately deal with the impact that computers have on current notions of crimes relating to property. Has the criminal law kept pace with technology and continued to protect property interests or is our law flexible enough to be applied to new situations anyway? The increase of the moneyless society may mean a decrease in money motivated crimes of violence such as robbery, and an increase in white collar crime. Every aspect of life is being computerised-even our per sonality is on character files, with the attendant )ossibility of criminal breach of privacy. The problems confronted in this area are mostly definitional. While it may be easy to recognise morally opprobrious conduct, the object of such conduct may not be so easily categorised as criminal. A factor of this is a general lack of understanding of the computer process, so this would seem an appropriate place to begin the inquiry. II. THE COMPUTER Whiteside I identifies five key elements in a computer system. (1) Translation of data into a form readable by the computer, called input; and subject to manipulation by the introduction of false data. Remote terminals can be situated anywhere outside the cen tral processing unit (CPU), connected by (usually) telephone wires over which data may be transmitted, e.g. New Zealand banks on line to Databank. Outside users are given a site code number (identifying them) and an access code number (enabling entry to the CPU) which "plug" their remote terminal in. -
John Grady 2
John Andrew Dominic Grady 1. EDUCATION/ QUALIFICATIONS LLB (Honours) 2:1. 1991 – 1995. The University of Edinburgh. I studied Intellectual Property Law, Commercial Law, Delict, Administrative Law, and Company Law at honours. I also studied Intellectual Property Law, Constitutional Law, International Relations and Economics at the University of Poitiers, from January to June 1994. Classes and examinations were held in French. Diploma of Legal Practice. 1995 – 1996. The University of Edinburgh. Post Graduate Diploma in Competition Law. 1998 – 1999. Kings College London, The University of London. 2. RELEVANT EXPERIENCE Trainee Solicitor. Wright Johnston and Mackenzie . September 1996 to August 1998. As a trainee I had seats in the Private Client, Commercial Property, Corporate and Litigation Departments of the Firm. Assistant then associate. Shepherd + Wedderburn. August 1998 – June 2004. Experience includes advising on matters including. European and UK Competition Law • Making and dealing with complaints and investigations under EC and UK Competition Law. • Competition Law aspects of mergers, acquisitions and joint ventures. • Competition Act compliance programmes. • Clearance of significant contractual arrangements under EC and UK regulatory rules through the EC Commission, the Department of Trade and Industry and other regulatory and government bodies. Public and regulatory law • Judicial review of government and regulatory decisions including in respect of determinations of utility regulators, such as the Gas and Electricity Markets Authority. • Advising on enforcement actions by regulators such as the Gas and Electricity Markets Authority. This included regulatory action that could lead to significant multi million pound fines. • The drafting of new legislation and regulations. • Regulatory reforms in the energy sector, including key aspects of the restructuring of a major Scottish plc pursuant to EC and UK legislation. -
Bankruptcy and Diligence Etc. (Scotland) Act 2007 (Asp 3)
Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) Bankruptcy and Diligence etc. (Scotland) Act 2007 2007 asp 3 CONTENTS Section PART 1 BANKRUPTCY Duration of bankruptcy 1 Discharge of debtor Bankruptcy restrictions orders and undertakings 2 Bankruptcy restrictions orders and undertakings Effect of bankruptcy restrictions orders and undertakings 3 Disqualification from being appointed as receiver 4 Disqualification for nomination, election and holding office as member of local authority 5 Orders relating to disqualification The trustee in the sequestration 6 Amalgamation of offices of interim trustee and permanent trustee 7 Repeal of trustee’s residence requirement 8 Duties of trustee 9 Grounds for resignation or removal of trustee 10 Termination of interim trustee’s functions 11 Statutory meeting and election of trustee 12 Replacement of trustee acting in more than one sequestration 13 Requirement to hold money in interest bearing account Debtor applications 14 Debtor applications 15 Debtor applications by low income, low asset debtors Jurisdiction 16 Sequestration proceedings to be competent only before sheriff ii Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) Vesting of estate and dealings of debtor 17 Vesting of estate and dealings of debtor Income received by debtor after sequestration 18 Income received by debtor after sequestration Debtor’s home and other heritable property 19 Debtor’s home and other heritable property Protected trust deeds 20 Modification of provisions relating to protected trust deeds Modification -
Virginia Model Jury Instructions – Criminal
Virginia Model Jury Instructions – Criminal Release 20, September 2019 NOTICE TO USERS: THE FOLLOWING SET OF UNANNOTATED MODEL JURY INSTRUCTIONS ARE BEING MADE AVAILABLE WITH THE PERMISSION OF THE PUBLISHER, MATTHEW BENDER & COMPANY, INC. PLEASE NOTE THAT THE FULL ANNOTATED VERSION OF THESE MODEL JURY INSTRUCTIONS IS AVAILABLE FOR PURCHASE FROM MATTHEW BENDER® BY WAY OF THE FOLLOWING LINK: https://store.lexisnexis.com/categories/area-of-practice/criminal-law-procedure- 161/virginia-model-jury-instructions-criminal-skuusSku6572 Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Instruction No. 2.050 Preliminary Instructions to Jury Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements 2. Presentation of the evidence 3. Instructions of law 4. Final argument After the conclusion of final argument, I will instruct you concerning your deliberations. You will then go to your room, select a foreperson, deliberate, and arrive at your verdict. Opening Statements First, the Commonwealth's attorney may make an opening statement outlining his or her case. Then the defendant's attorney also may make an opening statement. Neither side is required to do so. Presentation of the Evidence [Second, following the opening statements, the Commonwealth will introduce evidence, after which the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence may then be introduced if appropriate.] [Second, following the opening statements, the evidence will be presented.] Instructions of Law Third, at the conclusion of all evidence, I will instruct you on the law which is to be applied to this case. -
Criminal Law: Conspiracy to Defraud
CRIMINAL LAW: CONSPIRACY TO DEFRAUD LAW COMMISSION LAW COM No 228 The Law Commission (LAW COM. No. 228) CRIMINAL LAW: CONSPIRACY TO DEFRAUD Item 5 of the Fourth Programme of Law Reform: Criminal Law Laid before Parliament bj the Lord High Chancellor pursuant to sc :tion 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 6 December 1994 LONDON: 11 HMSO E10.85 net The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are: The Honourable Mr Justice Brooke, Chairman Professor Andrew Burrows Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. 11 LAW COMMISSION CRIMINAL LAW: CONSPIRACY TO DEFRAUD CONTENTS Paragraph Page PART I: INTRODUCTION 1.1 1 A. Background to the report 1. Our work on conspiracy generally 1.2 1 2. Restrictions on charging conspiracy to defraud following the Criminal Law Act 1977 1.8 3 3. The Roskill Report 1.10 4 4. The statutory reversal of Ayres 1.11 4 5. Law Commission Working Paper No 104 1.12 5 6. Developments in the law after publication of Working Paper No 104 1.13 6 7. Our subsequent work on the project 1.14 6 B. A general review of dishonesty offences 1.16 7 C. Summary of our conclusions 1.20 9 D. -
Chapter 8 Criminal Conduct Offences
Chapter 8 Criminal conduct offences Page Index 1-8-1 Introduction 1-8-2 Chapter structure 1-8-2 Transitional guidance 1-8-2 Criminal conduct - section 42 – Armed Forces Act 2006 1-8-5 Violence offences 1-8-6 Common assault and battery - section 39 Criminal Justice Act 1988 1-8-6 Assault occasioning actual bodily harm - section 47 Offences against the Persons Act 1861 1-8-11 Possession in public place of offensive weapon - section 1 Prevention of Crime Act 1953 1-8-15 Possession in public place of point or blade - section 139 Criminal Justice Act 1988 1-8-17 Dishonesty offences 1-8-20 Theft - section 1 Theft Act 1968 1-8-20 Taking a motor vehicle or other conveyance without authority - section 12 Theft Act 1968 1-8-25 Making off without payment - section 3 Theft Act 1978 1-8-29 Abstraction of electricity - section 13 Theft Act 1968 1-8-31 Dishonestly obtaining electronic communications services – section 125 Communications Act 2003 1-8-32 Possession or supply of apparatus which may be used for obtaining an electronic communications service - section 126 Communications Act 2003 1-8-34 Fraud - section 1 Fraud Act 2006 1-8-37 Dishonestly obtaining services - section 11 Fraud Act 2006 1-8-41 Miscellaneous offences 1-8-44 Unlawful possession of a controlled drug - section 5 Misuse of Drugs Act 1971 1-8-44 Criminal damage - section 1 Criminal Damage Act 1971 1-8-47 Interference with vehicles - section 9 Criminal Attempts Act 1981 1-8-51 Road traffic offences 1-8-53 Careless and inconsiderate driving - section 3 Road Traffic Act 1988 1-8-53 Driving -
Standards of Service for Victims and Witnesses 2016-17
Standards of Service for Victims and Witnesses 2016-17 Standards of Service for Victims and Witnesses 2016-17 Preface This document has been prepared by Police Scotland, the Crown Office and Procurator Fiscal Service, the Scottish Courts and Tribunals Service, the Scottish Prison Service and the Parole Board for Scotland working in partnership. Section 2 of the Victims and Witnesses (Scotland) Act 2014 requires Police Scotland, the Crown Office and Procurator Fiscal Service, the Scottish Courts and Tribunals Service, the Scottish Prison Service and the Parole Board for Scotland to set and publish standards of service for victims and witnesses. These standards are set out in this document. All of our standards will be monitored, reviewed and reported on annually. The standards of service for the previous year and each agency’s report against those standards are published, and can be viewed on any of the agency websites (for website addresses please see the section on How to Complain below). Contents Page Introduction 3 Victims Map 5 Common Standards 7 Standards of Service – Police Scotland 7 Standards of Service – Crown Office and Procurator Fiscal Service 8 Standards of Service – the Scottish Courts and Tribunals Service 8 Standards of Service – Scottish Prison Service 9 Standards of Service – Parole Board for Scotland 10 What to do if you are not happy with our standard of service – How to complain 11 Taking the matter further – the Scottish Public Services Ombudsman 12 2 Standards of Service for Victims and Witnesses 2016-17 Introduction There can be no justice without victims and witnesses who stand up to crime, report crime to the police and who give evidence in court when necessary.