Specialists back plans for fraud overhaul
Legal Week Reports
October 27, 2004 at 08:03 PM
2 minute read
Lawyers have backed the Govern-ment's decision to go ahead with a radical shake-up of the law of fraud – but have criticised plans to leave some of the old fraud laws on the statute books.
Home Office minister Baroness Scotland QC announced last week (19 October) that the Government had decided to back a new fraud Bill, which is expected to be included in the Queen's Speech next month – much earlier than had previously been expected.
Under the proposals, fraud can be committed by false representation, wrongfully failing to disclose information and by abuse of position – all dishonesty-related tests.
At the moment there is no general law of fraud, although many prosecutions are based on the conspiracy to defraud charge, which many practitioners find an over-used catch-all offence.
"The law is ready for overhaul and any simplification will be welcomed," said crime specialist Michael Caplan QC of Kingsley Napley.
"Conspiracy to defraud has always been of concern to practitioners – the trouble is that it is too wide, so I can understand the concern of not sweeping that away. The important factor is that it can be presented to the court, and more importantly juries, in an understandable and manageable way," he added.
A number of fraud experts told Legal Week that the decision to keep the old conspiracy offence was a way for prosecutors to "hedge their bets". Lawyers, however, have been impressed by the speed of the timetable for reform.
"We have been taken by surprise by the speed with which the Government has acted," said DLA fraud partner James Haddleton. "It is an issue that they are taking seriously."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSkadden to Close in Shanghai and Make Cuts to China Corporate Practice
DWF Group's Canadian Firm Set to Add Fourth Office With 16-Lawyer Montreal Team
UK Law Firms Face £75M Money Laundering Investigations Alongside Russia Scrutiny
3 minute readTrending Stories
- 1The Law Firm Disrupted: Playing the Talent Game to Win
- 2A&O Shearman Adopts 3-Level Lockstep Pay Model Amid Shift to All-Equity Partnership
- 3Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5A RICO Surge Is Underway: Here's How the Allstate Push Might Play Out
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250