Montgomery and Ormerod on Fraud: Criminal Law and Procedure

Erscheinungsjahr 2008
ISBN: 978-0-19-923530-8
Verlag: Oxford University Press
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Loseblattwerk, Englisch, Print PDF, Format (B × H): 171 mm x 246 mm

This definitive new work provides a comprehensive analysis of the investigation and prosecution of fraud offences in England and Wales. The discussion involves a critical analysis of the law, by reference to the policies, principles and practicalities of the criminal investigation and trial. The looseleaf covers the investigative, pre-trial, procedural and substantive law issues relating to fraud offences, as well as coverage of related topics such as corruption and money-laundering. Thirty specially commissioned chapters from acknowledged experts in the field are combined with all relevant materials to provide authoritative legal text and practical guidance in one volume. The practical and academic expertise of the Editors offers a unique combination not found in the existing works on fraud and related offences. As fraud law and procedure changes so rapidly, this work is published in loose-leaf format with regular updates (one in the first year, two thereafter) to provide the most comprehensive, analytical, and up-to-date fraud service available.

Zielgruppe

Primary market: specialist practitioners in fraud - barristers, solicitors, and Judges with a fraud 'ticket'. The readership is predominantly domestic, but includes some commonwealth, EU and US interest.

Secondary market: general crime practitioners and academics

Autoren/Hrsg.

Montgomery QC, Clare

Ormerod, David

Weitere Mitwirkende

Shaw QC, Tony

Fachgebiete

• Rechtswissenschaften Strafrecht

Inhaltsverzeichnis

- PART A: INVESTIGATION

- A1: Fraud Investigations by the Serious and Organised Crime Agency

- A2: Serious Fraud Offices Investigations and Prosecutions

- A3: FSA Investigations

- A4: Competition Law Investigations

- A5: Investigations of Companies under Part XIV of the Companies Act 1985

- A6: Insolvency Investigations

- A7: Mutual Legal Assistance in Cases of Fraud

- PART B: PRE-TRIAL PROCEDURE

- B1: Charging Process

- B2: Transfers

- B3: Pre-Trial Hearings

- B4: Preliminary Appeals and Reviews

- B5: Disclosure in Fraud Cases Tried on Indictment

- B6: Funding

- PART C: THE TRIAL

- C1: Indictments and Severance

- C2: Hearsay and Documentary Evidence

- C3: Restrictions on the Use of Evidence

- C4: Expert Evidence

- C5: Trial by Judge Alone

- C6: Presenting a Fraud Case

- PART D: OFFENCES

- D1: Dishonesty and Related Mens Rea Concepts

- D2: Fraud Act 2005

- D3: Offences Under the Theft Acts 1968, 1978, 1996

- D4: Offences Under the Companies Act

- D5: Insider Dealing and Market Abuse

- D6: The Cartel Offence and Related Offences in Competition Law

- D7: Conspiracy to Defraud

- D8: Corruption

- D9: Money Laundering Offences

- D10: Revenue Offences

- MATERIALS

- MATERIALS PART I - PRECEDENTS

- 1. CPS Precedents

- MATERIALS II - APPENDICES

- 1. Public Bodies Corrupt Practices Act 1889

- 2. Prevention of Corruption Act 1906

- 3. Prevention of Corruption Act 1916

- 4. Theft Act 1968 (extracts)

- 5. Police and Criminal Evidence Act 1984 (extracts)

- 6. Companies Act 1985 (Part XIV)

- 7. Company Directors Disqualification Act 1986 (extracts)

- 8. Insolvency Act 1986 (extracts)

- 9. Insolvency Rules 1986 (extracts)

- 10. Criminal Justice Act 1987 (extracts)

- 11. Treaty Establishing the EC (extracts)

- 12. Criminal Justice Act 1993 (Part V)

- 13. Criminal Procedure and Investigations Act 1996 (extracts)

- 14. CPIA Codes

- 15. Competition Act 1998 (extracts)

- 16. EC Regulation on Insolvency Proceedings (extracts)

- 17. Financial Services and Markets Act 2000 as amended by Schedule 2 of the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005 (extracts)

- 18. Offence of Evasion of Income Tax (Finance Act 2000 section 144)

- 19. Common Law Offence of Cheat

- 20. Anti-Terrorism Crime and Security Act 2001 (extracts)

- 21. Enterprise Act 2002 (extracts)

- 22. Proceeds of Crime Act 2002 (extracts)

- 23. Criminal Justice Act 2003 (extracts)

- 24. Attorney General's Guidelines on Disclosure

- 25. Serious Organised Crime and Police Act 2005 (extracts)

- 26. Criminal Procedure Rules (extracts including Part 15 inserted by The Criminal Procedure (Amendment) Rules 2006)

- 27. Fraud Protocol 2005

- 28. Disclosure Protocol (extracts)

- 29. Fraud Act 2006

- 30. Companies Act 2006 (Part 32)

- 31. Companies Act 2006 (Schedules 3 and 16)

- 32. Cross Border Insolvency Regulations 2006 (extracts)

- 33. The Consolidated Criminal Practice Direction (Parts IV.41 and V.56)

- 34. Money Laundering Regulations 2007 (SI 2007/2157)

- 35. FSA's 'The Enforcement Manual' (extracts) in its recently revised form

Über Autor(innen)

Clare Montgomery QC was named Crime Silk of the Year in the 2005 Chambers & Partners Bar Awards and is a highly respected specialist in white collar crime and extradition. She represented the Hong Kong socialite Madam Mo in her challenge to the constitutionality of the offence of conspiracy to defraud and appeared for General Pinochet in the case concerning the former Head of State of Chile. Clare is co-author with Clive Nicholls QC and Julian Knowles of the second edition of The Law of Extradition and Mutual Assistance (OUP, publishing August 2007, £145) and contributes the chapter on insolvency, the financial markets and commerce in Archbold Criminal Pleading Evidence and Practice (Sweet & Maxwell).

Professor David Ormerod is Professor of Criminal Justice, at Queen Mary's College, University of London, a member of the Criminal Justice Council, and a barrister at 18 Red Lion Court, London. He is the leading academic on criminal law, and is editor of Smith and Hogan, Criminal Law (11th edn, 2005) and Smith and Hogan Cases and Materials on Criminal Law (9th edn, 2005). David is the Criminal Law Review Cases Editor; General Editor for Blackstone's Criminal Practice; and serves on the Editorial Boards of the International Journal of Evidence & Proof and Covert Policing Review. He lectures regularly to the profession and judiciary and has acted as a consultant to the Law Commission, Home Office and the Commonwealth Secretariat.