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08 December 2023 / David Corker
Issue: 8052 / Categories: Opinion , Fraud
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Getting serious about fraud

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The fraud review & a starter for ten…David Corker provides Jonathan Fisher KC with some useful pointers

How can complex frauds be prosecuted more effectively? This is the essential question that the Lord Chancellor has instructed Jonathan Fisher KC to answer within 18 months. This is a moment for blue-sky thinking. Mr Fisher is not impeded by limited terms of reference. He has been granted the opportunity to explore different and unconventional approaches to tackling the problems that have beset prosecutions undertaken by the Serious Fraud Office (SFO) for many years.

Coincident with this potential for a burst of creativity the Bankman-Fried trial finished in New York. Nearly a year to the day after his FTX crypto empire collapsed, Bankman-Fried’s fate was sealed by a jury after a high-profile 18-day trial. This was a fraud prosecution of an individual that was mired in complexity. It appeared to observe due process norms. Yet, despite those conditions, by the standards of the SFO it moved at lightning speed. Understanding how that feat was accomplished

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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