Financial Crime and Corporate Misconduct

A Critical Evaluation of Fraud Legislation

Chris Monaghan, Nicola Monaghan, Chris Monaghan, Nicola Monaghan

• Publisher: Routledge
• Year: 2018
• ISBN:
  9781351366915
• Edition: 1
• Topic: Jura
• Subtopic: Finanzrecht

The Fraud Act 2006 presented a wholesale reform of the pre-existing deception offences under the Theft Act 1968 and Theft Act 1978. This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud and white-collar offences.

The edited collection brings together contributors from a range of unique perspectives including academics, practitioners and a former member of the judiciary. It covers several related themes and provides the reader with a unique and original commentary on how the Fraud Act 2006 has been applied by the courts, the type of prosecutions that have taken place, the effectiveness of the Act, and other legislation which is used to prosecute financial crime and corporate misconduct. It covers procedural and evidential aspects relating to fraud trials, namely consideration of the composition of the tribunal of fact in complex fraud trials, and good character directions in fraud trials. It will be of interest to those teaching and researching in Financial Crime, Corporate Law, Criminal Law, the Law of Evidence, Criminology, Criminal Procedure and Sentencing.

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Table of Contents
• Notes on contributors
• Foreword
• Preface
• 1 A critical commentary on the Fraud Act 2006
• 2 The Fraud Act’s 10th anniversary: Time to celebrate? Not quite!
• 3 An empirical review of the use of the Fraud Act 2006 and other criminal offences within the school application system
• 4 Food fraud and the Fraud Act 2006: Complementarity and limitations
• 5 Fraud in the twenty-first century: Is the criminal law fit for purpose?
• 6 The Fraud Act 2006: A decade of deception?
• 7 Criminal fraud legislation since 2006
• 8 Revisiting dishonesty: The new strict liability criminal offence for offshore tax evaders
• 9 Brexit and financial crime
• 10 Do we need a failure to prevent fraud offence?
• 11 A judge’s perspective of the impact of the Fraud Act 2006
• 12 The fraudster at work: The interaction of the criminal justice process with the operation of an employer’s disciplinary procedures
• 13 Who should try ‘complex fraud trials’?: Reconsidering the composition of the tribunal of fact 30 years after Roskill
• 14 Good character directions: Some implications of Hunter for Fraud Act 2006 prosecutions
• Index