Table of contents
The Price of Contempt
Saul Froomkin QCAs financial crime continues unabated as a growth industry, the frustration of the victims of those crimes seems to be growing exponentially. In the past the major concerns were…
The Impact of Recent Money Laundering Legislation on Financial Intermediaries
Nicholas ClarkThe Criminal Justice Act 1993 (CJA 1993) introduces a wide array of offences designed to combat the threat of money laundering. While not the first piece of legislation with such…
Art and Cultural Heritage Loss: A Worthy Priority for International Prevention and Enforcement
Richard H. BlumOffered here is a brief introduction to art and cultural heritage loss. The focus is on ‘crime’ so that ‘loss’ in fact means someone's gain. Nevertheless as is common in…
Current Developments in the BCCI Affair
Shiraz MahmoodSince the collapse of the Bank of Credit and Commerce International (BCCI) there has been a plethora of BCCI related litigation. This article considers the latest developments in…
A Case Note: Universal Import Export GmbH v Bank of Scotland: Court of Session, Edinburgh, 28th October, 1994
George WalkerThe case concerned an action of payment brought by Universal Import Export GmbH against the Governor and Company of the Bank of Scotland for payment of the sum of £515,793.95…
‘The Old Lady and the Alchemist’ or ‘The Collapse of Barings’
Rinita SarkerFirst Johnson Matthey, then BCCI and now Barings. The Bank of England's growing list of regulatory failures is as alarming for ordinary investors as it is embarrassing for the…
Network and Communications Security
Rob MelvilleA network is a multi‐user computer system where components of the system are linked to enable sharing of resources. The size and type of the network depends on the needs of the…
Insurance Fraud
Mike DixonThere is no doubt that the cost of fraud against insurers is growing, recent estimates by the Association of British Insurers suggest that as much as £2m is lost every day to…
Illegitimate Last Voyage Orders: The Gregos
Gerhard Oberholzer, Partha PalA time charter allows the charterer of a vessel to have its use for a predetermined period of time. The charterer is entitled, subject to certain restrictions, to employ the…
The Cost of Laundry!
Chizu NakajimaAt a recent meeting of government officials in Trinidad to discuss regional security and in particular the threat of regional and, indeed, international dcstabilisation presented…
Alpine Investments BV v Minister van Financiēn
Vanessa EdwardsFollowing numerous complaints from investors, some established in other Member States, who had made unfortunate investments in commodities futures, the Netherlands prohibited…
The Right to Silence, Section 2 and Recent Case Law
Sandeep SavlaSerious fraud trials are the sum of their component parts such that examination of one particular area often repays attention. The Roskill Fraud Trials Committee's criticisms were…
Blowing the Whistle on Fraud
Rinita SarkerEmployees who blow the whistle at work on serious fraud and malpractice out of concern for public interest, are to be afforded new protection against reprisals and unfair…
Shifting the Evidential Goalposts
Rinita SarkerThe privilege against self‐incrimination, and the presumption of innocence until proven guilty, with the burden of proof resting firmly on the prosecution, are all fundamental…
Transparency in UK Equity Markets
Rinita Sarker‘Some of the activities of the City may bear considerable resemblance to those of a casino … even so there is much to be said for a regulatory system which would ensure that the…
Does the Fiduciary Bell Toll?
Kit JarvisThe Law Commission has recently examined fiduciary relations and securities regulation. The purpose of this paper is a re‐examination of some of the questions posed in the…
Tracing into an Overdrawn Bank Account — When does Money Cease to Exist?
John BreslinThe law relating to tracing is complicated, littered with inconsistencies and possibly now verging on a state of disarray. The complications are ever increasing as the topic…
Third Party Liability for Dishonesty Extended
Richard HarwoodThe Privy Council in the recent Brunei decision of Royal Brunei Airlines Sdn Bhd v Tan has widened the liability of third parties who assist in a breach of trust. They will now be…
Spotlight on ‘Underground Banking’
Alan LambertUnderground banking docs not refer to cash dispensers in subterranean shopping centres. It refers to that secretive and mysterious global structure for facilitating the transfer…
The Caribbean: Trouble in Paradise — The Paradox of Anti Money Laundering Initiatives
John S. JeremieDespite recent signs of activity, the Caribbean has not as a whole embraced the anti money‐laundering initiatives which have defined the legislative agendas of many territories…
Ireland: Money Laundering Provisions Come into Effect
John A. MoranOn 2nd May, 1995 the provisions of the Criminal Justice Act 1994 (the Act), which contain the Irish rules to combat money laundering, came fully into effect. The rules reflected…
ISSN:
1359-0790Online date, start – end:
1993Copyright Holder:
Emerald Publishing LimitedOpen Access:
hybridEditors:
- Dr Li Hong Xing
- Prof Barry Rider