Arlidge and Parry on Fraud, 6th Edition

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Arlidge and Parry on Fraud, 6th Edition

Edited by Jonathan Fisher, QC · His Honour Judge Alexander Milne, QC · Jane Bewsey, QC · Andrew Herd
Sweet & Maxwell U.K. May 2020

Specifications

ISBN-13
9780414069398
Publisher
Sweet & Maxwell U.K.
Publication
May 2020
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

Providing a complete guide to the law on fraud Arlidge & Parry on Fraud sets out the basic principles and clarifies key terms. The work discusses and interprets the law offering strategic guidance to complex areas. In addition, it offers advice on presenting a fraud case, so that you can be sure you follow the correct procedures and avoid mistakes.

It includes relevant case law to ensure that you are fully up to speed with changes that have occurred and what they mean. What’s more, it explains the implications of each offence with examples of legislation and case law enabling you to build the strongest argument possible.

The work includes statutes, SI’s and reproduces sections of Acts where relevant, so that you have all the core statutory and related primary materials to hand. The user friendly format means that offences are dealt with in their own separate chapters. This makes it even easier for you to find the information you need quickly, saving you time and effort.

Written by respected experts in the field, Jonathan Fisher QC, HHJ Alexander Milne QC, Jane Bewsey QC and Andrew Herd, the work provides an invaluable source of information that will guide you through the complex area of the law on fraud.

The 6th edition features a new structure to help you navigate the offences considered, new chapters on Cybercrime, Parallel Proceedings, the Procedure for Charging, Internal Corporate Fraud Investigations, International Assistance, Private/Public Sector Initiatives, Money Laundering and confiscation.
 

Key features:
  • Provides a detailed account of the three kinds of fraud codified by the Fraud Act 2006
  • Gives a practical and detailed explanation of the prosecution of fraud cases, including the powers and obligations of the prosecuting authorities, the procedure of complex and serious fraud cases (including those involving multiple offences), and the issues arising from the case management of a lengthy trial
  • Sets out the elements of the crime and the mens rea standards for establishing fraud
  • Explains the multiplicity of statutes and common law under which fraudulent acts were prohibited prior to the commencement of the 2006 Act
  • Examines fraud in the context of a range of sectors, including insolvency, tax, social security and gambling
  • Details the statutory and common law offences of conspiracy to defraud, as well as the law of inchoate liability in relation to attempt and conspiracy
  • Looks at closely associated offences that may have been considered fraud, including fraudulent trading, theft, obtaining services dishonestly, forgery and false accounting.
  • Considers related offences likely to be charged in fraud case, including company fraud, investment fraud, bribery and price fixing
  • Addresses the international reach of courts in England and Wales with regard to offences committed wholly or partly in foreign jurisdictions
  • Undertakes a detailed analysis of the obligations of the prosecutor to disclose information
  • Presents the 2014 sentencing guidelines as they pertain to fraud offences, as well as the sentences which deviate from the guidelines
  • Explores the alternatives to prosecution, including civil recovery orders and deferred prosecution agreements
  • Considers the process involved in bringing a private prosecution, as well as the advantages and disadvantages of doing so in fraud cases
  • The Fraud Act 2006 is reproduced in full as an appendix, for ease of reference

Table of Contents

PART 1  FRAUD
1Fraud: An Overview
2Dishonesty
3Gain and Loss

PART 2 THE FRAUD ACT 2006
4False Representation and Deception
5Failing to Disclose Information
6Abuse of Position

PART 3 THEFT ACT OFFENCES
7Theft
8Obtaining Services by Deception
9Forgery and Related Offences
10False Accounting and False Statements

PART 4 OTHER FRAUD OFFENCES
11Investment Fraud
12Company Fraud
13Insolvency Fraud
14Tax Fraud
15Social Security Fraud
16Gambling Fraud
17Bribery and Corruption
18Cartels
19Cybercrime
20Conspiracy to Defraud
21Fraudulent Trading
22Encouragement and Attempt

PART 5 JURISDICTION 
23Jurisdiction
24Parallel Proceedings

PART 6 PROCEDURE
25Charging Fraud
26Deferred Prosecution agreements
27Prosecution of Serious or Complex Fraud
28Case Management

PART 7 INVESTIGATING FRAUD
29Internal Corporate Investigations
30Investigation Powers
31International Assistance
32Private / Public Sector Initiatives

PART 8 PROCEEDS OF CRIME
33Money Laundering
34Confiscation
35Civil Recovery
36Sentencing
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