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Searching Content indexed under White Collar Crime, Anti-Corruption & Fraud by Baker & Partners ordered by Published Date Descending.
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1
Back Where It Belongs
The Kenya agreement is an encouraging example of such fruits being returned to their rightful owners.
Jersey
14 Feb 2019
2
Lobster Baron's Millions Caught In The Net
A recent judgment[1] of the Royal Court casts light on the Island's conviction-based confiscation regime at a time when the States of Jersey is busy sharpening the claws of Jersey's investigatory...
Jersey
5 Jun 2018
3
JSC BTA Bank v Khrapunov: UK Supreme Court Decision Could Have A Ripple Effect In Jersey
In JSC BTA Bank v Khrapunov the UK Supreme Court ("UKSC") has provided a stir of excitement for civil fraud practitioners which will, no doubt, sustain many conference speeches over the coming months.
Jersey
14 May 2018
4
Through The Looking Glass: Transparency And Confidential Relationships From A Jersey Advocate's Perspective
International financial centres have always been a target of negative media. "Offshore" has become a pejorative term. Concerns regarding the regulatory and legal systems of "offshore" jurisdictions...
Jersey
7 Feb 2018
5
In The Ring, Round 1: Transparency v Right To Confidentiality
In a series of 3 articles (Rounds 1 to 3), we explore Jersey's approach to the concept of transparency in respect of beneficial ownership information.
Jersey
24 Oct 2017
6
I Certify This Is A True Likeness And Copy…
To protect against fraud, money laundering and terrorist financing, the finance industry obtain key customer details known as Customer Due Diligence (CDD) before engaging in business.
Jersey
2 Aug 2017
7
Limits On Legal Professional Privilege
The High Court has recently restricted the ability to rely on privilege. Although SFO -v- ENRC is an English authority, Jersey generally follows English principles of privilege.
Jersey
7 Jun 2017
8
Prevention Better Than A Cure?
On 27 April 2017 the latest UK government measure designed to combat offshore tax evasion received Royal Assent. It will shortly be a criminal offence for an institution to fail to prevent...
Jersey
1 Jun 2017
9
Baker & Partners Introduces the Criminal Finances Act 2017 to Local Industry at Briefing Event
Baker & Partners invited members of Jersey's financial services industry to discover the implications of the newly passed Criminal Finances Act 2017 at a Breakfast Briefing Event - Prevention Better Than a Cure? with Advocate Simon Thomas on 11th May 2017.
Jersey
18 May 2017
10
Fraud: A Jersey Perspective
Investigating and pursuing serious and complex fraud claims is about staying ahead of the game. Most serious frauds will have an international element, whether in the substantive action or in asset recovery.
Jersey
27 Mar 2017
11
Cyberfraud – Why Businesses Need To Be Prepared
The risks posed by ‘traditional' forms of fraud (undertaken by dishonest employees or directors diverting funds from client accounts) will always be of concern to financial services businesses.
Jersey
5 Dec 2016
12
Business Crime 2017 Briefing
What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
Jersey
24 Oct 2016
13
Injunctions In Fraud Claims: Should Banks Always Get Their Costs?
Should financial institutions be reimbursed for the costs incurred by assisting victims of fraud?
Jersey
5 Jul 2016
14
Private Prosecution In Jersey – The Way Forward?
It has been reported in the United Kingdom that public resources are so stretched that police officers have attended the scenes of crime by bus.
Jersey
5 Apr 2016
15
The International Comparative Legal Guide To Business Crime 2015
Leaving aside the comparatively minor matters dealt with in the Magistrate’s Court, all prosecutions within Jersey are brought in the name of Her Majesty’s Attorney General for Jersey and by dint of modern practice are in the vast majority of cases prosecuted by a Crown Advocate.
Jersey
6 May 2015
16
Dishonest Assistance – Understanding The Risks: Guidance Note
Dishonest assistance is a category of secondary liability that can attach to a person who assists in a breach of trust or a breach of fiduciary duty.
Jersey
5 May 2015
17
The Shifting Position Between Lawful Tax Avoidance & Unlawful Tax Evasion
Whether this principle has survived in practice into the present era is a matter of speculation.
Jersey
15 Dec 2014
18
Who Owns A Bribe?
Secret commissions and bribes have unfortunately become an increasingly common feature of doing business in certain parts of the world.
Jersey
9 Dec 2014
19
"Honestly, I Had No Idea!" Unquestioning Loyalty To Your Client Can Make You Dishonest, If Your Client Is A Fraudster
This recent judgment of the Royal Court of Jersey is a wake-up call to offshore fiduciaries and corporate service providers
Jersey
19 Nov 2014
20
Blurred Lines: The Shifting Position Between Lawful Tax Avoidance & Unlawful Tax Evasion
The traditional attitude to tax avoidance is encapsulated in the judgment of Lord Tomlin in the English case of IRC v Duke of Westminster (1936)
Jersey
27 Oct 2014
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