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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
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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