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United Kingdom: Share Options Corporate Fraud
Mondaq Business Briefing - 9/6/2006 - LENGTH: 4671 words

Article by Sally Ramage * The backdating of share option grants by public companies may possibly have occurred in thousands of companies in the USA, UK and elsewhere. In the United States, several dozen companies have received inquiries from the SEC or they may have received grand jury subpoenas from the...

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United Kingdom: The Role And Power Of Regulators In UK, France, Germany And The U.S
Mondaq Business Briefing - 9/15/2006 - LENGTH: 368 words

REGULATOR FRANCE - AMF GERMANY - BaFin US- SEC UK- FSA 1.Guided by underlying policy considerations? Yes Yes Yes Yes 2.Obligation to self-report regulatory breaches?

No No Yes Yes 3.Entitled to prosecute criminal offences? No No Yes Yes 4.Order compensation for those suffering loss as a result of regulatory...

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United Kingdom: Bank Capital Requirements Compliance - is Mathematical Modelling Being Used to Hoodwink Regulators?
Mondaq Business Briefing - 8/14/2006 - LENGTH: 1267 words

Operations risk modelling is becoming more important. Different models allow correlations and applications for finance. Modelling has value for finance, especially institutions and INSURANCE COMPANIES. Where is operation risk modelling in this area of finance and insurance? It is used in banks to control Capital Requirement. The challenges...

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United Kingdom: The Gamblers' Predicament - Part One
Mondaq Business Briefing - 10/4/2006 - LENGTH: 1347 words

Gambling in its varied forms is a deeply-rooted characteristic of the human race which, although a source of pleasure for many and not inherently immoral, can cause harm to individuals and to society through immoderate indulgence. To protect society and children, governments to various countries, have interefered from...

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United Kingdom: British Businesses Beware! Digital Evidence is Coming to a Courtroom Near You!
Mondaq Business Briefing - 8/7/2006 - LENGTH: 2735 words

This is the type of digital evidence report that is valid in a court of law and which can be used in court, the digital evidence expert having used such scrupulous procedures, that his report is utterly valid and carries great weight .. Developments worldwide have made it simple...

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United Kingdom: "Ever Sailing Close to The Wind in The US and The UK"
Mondaq Business Briefing - 7/21/2006 - LENGTH: 2870 words

Serious transnational organized criminals are always on the alert for prospective places to hide and secure their proceeds. Offshore havens have been the harbour of choice for these criminals, as well as for businesspersons who evade taxes. Analysis of several case studies of grand-scale fraud, smaller scale frauds2...

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United Kingdom: The 2003 United States - United Kingdom Income Tax Treaty- Kicking In
Mondaq Business Briefing - 9/29/2006 - LENGTH: 4495 words

With recent news such as "Britain's Serious Organised Crimes Agency has identified the top 130 crime barons it wants to put out of business. The SOCA has narrowed down an original list of more than 1000 names to pinpoint its targets", and "US wins fast-track rights in fraud case- The...

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United Kingdom: Compare USA Law On Fraud, Title 18 With UK Fraud Bill 2006 - Continued
Mondaq Business Briefing - 7/25/2006 - LENGTH: 6745 words

6.Possession etc. of articles for use in frauds (1) A person is guilty of an offence if he has in his possession or under his control, any article for use in the course of or in connection with any fraud. (2) A person guilty of an offence under this section...

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United Kingdom: Compare USA Law On Fraud, Title 18 With UK Fraud Bill 2006
Mondaq Business Briefing - 7/25/2006 - LENGTH: 6969 words

A look at the United Kingdom Fraud Bill 2006 compared to some sections of the Unites States Fraud Law, Title 18. USA PENAL CODE TITLE 18- FRAUD OFFENCES UK FRAUD BILL TITLE 18 - PART I -CHAPTER 47 - section 1031 Section 1031. Major fraud against the United States (a) Whoever knowingly executes, or attempts to execute,...

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The Consolidation of the Russian Oil and Gas Market - Year 2006 - Sally Ramage
- 2/14/2006 - 2357 words
By Sally Ramage( TM)1 One of the most important challenges for economic policy is the process of globalisation and traditional governance concepts based on sovereign nation -states. This is the reason why alternative modes of governance such as network governance are called into question. This analysis reveals self -interested2,...

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The Consolidation of the Russian Oil and Gas Market - Year 2006 - Sally Ramage
- 2/7/2006 - 2357 words
By Sally Ramage( TM)1 One of the most important challenges for economic policy is the process of globalisation and traditional governance concepts based on sovereign nation -states. This is the reason why alternative modes of governance such as network governance are called into question. This analysis reveals self -interested2,...

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United Kingdom: Share Options Corporate Fraud
Mondaq Business Briefing - 9/6/2006 - 4671 words
Article by Sally Ramage * The backdating of share option grants by public companies may possibly have occurred in thousands of companies in the USA, UK and elsewhere. In the United States, several dozen companies have received inquiries from the SEC or they may have received grand jury subpoenas from...

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United Kingdom: The Role And Power Of Regulators In UK, France, Germany And The U.S
Mondaq Business Briefing - 9/15/2006 - 368 words
REGULATOR FRANCE - AMF GERMANY - BaFin US- SEC UK- FSA 1.Guided by underlying policy considerations? Yes Yes Yes Yes 2.Obligation to self-report regulatory breaches? No No Yes Yes 3.Entitled to prosecute criminal offences? No No Yes Yes 4.Order compensation for those suffering loss as a result of regulatory breaches? No...

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United Kingdom: The Ex-Chief Executive Officer of ENRON
Mondaq Business Briefing - 7/13/2006 - 907 words
The news that Mr Ken Lay died on the 6th July 2006 has changed none of the financial misdemeanours that occurred at ENRON. There are hundreds of newspaper reports of the ENRON debacle but the heinous crimes that Mr Lay himself perpetrated of his own accord must be simply translated...

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United Kingdom: "Oh, What A Tangled Web We Weave, When First We Practice to Deceive!"
Mondaq Business Briefing - 7/13/2006 - 938 words
Fraudulent evasion of duty; 'in the matter of Turnstem Ltd sub nom HarishBhanderi v Customs & Excise Commissioners (2004) EWHC1765 (Ch). The Customs and Excise Management Act 1979 creates several overlapping offences of fraudulent evasion of duty, "duty" being VAT chargeable on the importation of goods, "goods" being as per the...

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United Kingdom: Bank Capital Requirements Compliance - is Mathematical Modelling Being Used to Hoodwink Regulators?
Mondaq Business Briefing - 8/14/2006 - 1267 words
Operations risk modelling is becoming more important. Different models allow correlations and applications for finance. Modelling has value for finance, especially institutions and INSURANCE COMPANIES. Where is operation risk modelling in this area of finance and insurance? It is used in banks to control Capital Requirement. The challenges are...

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Whistle-Blowing - Doing The Right Thing - Sally Ramage
- 10/1/2004 - 1385 words
The Public Disclosure Act 1998 protects individuals who make certain disclosures of information in the public interest. It protects them from victimisation. It protects workers who are employees and also protects persons who " (a) work or worked for a person in circumstances in which - he is or was introduced or...

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Whistle-Blowing - Doing The Right Thing - Sally Ramage
- 10/1/2004 - 1385 words
The Public Disclosure Act 1998 protects individuals who make certain disclosures of information in the public interest. It protects them from victimisation. It protects workers who are employees and also protects persons who " (a) work or worked for a person in circumstances in which - he is or was introduced or...

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United Kingdom: Conflicts Of Laws In The United Kingdom
Mondaq Business Briefing - 7/13/2006 - 1154 words
Cases- Turner v State of Louisiana 379 US 466-3 [1964] Pointer v Texas 380 US 400 [1965]. Somchai Liangsiripraseri, v United States Government et al [1990] 2 All ER 806, Re State of Norway's Applications (No 1) [1987] QB 433 and No 2 [1989]1 All ER 701 Statutes - Foreign Tribunals Evidence Act 1856 Offences Against The Person Act 1861 Extradition Act 1870 Aviation Security Act 1982 Taking of...

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United Kingdom: Follow the Money in Online Gambling
Mondaq Business Briefing - 7/18/2006 - 1298 words
David Carruthers, chief executive of BetOnSports Plc was detained by United States federal authorities while changing flights in the U.S. This news caused the company's share price to fall steeply from £150 to £117, losing nearly 22% of its share price. The company shares of Partygaming and Sportingbet also fell. These British...

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Document Destruction in Business - Sally Ramage
- 6/24/2005 - 1391 words
Being deeply involved with the figures as accountants can often lead us to miss the importance of the very documents we use to get to the accounts we deal with. When things go wrong, contemporary documents are of the utmost value. It is to documents that the lawyers look...

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The Serious Fraud Office - Sally Ramage
- 9/16/2004 - 1409 words
The Serious Fraud Office (SFO) came into being in April 1988. At the same time every fraud squad in the United Kingdom became part of what is now known as the Fraud Investigation Group (FIG) and the FIG works under the Crown Prosecution Service. These fraud squads are policed by...

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The Serious Fraud Office - Sally Ramage
- 9/16/2004 - 1409 words
The Serious Fraud Office (SFO) came into being in April 1988. At the same time every fraud squad in the United Kingdom became part of what is now known as the Fraud Investigation Group (FIG) and the FIG works under the Crown Prosecution Service. These fraud squads are policed by...

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United Kingdom: The Gamblers' Predicament - Part One
Mondaq Business Briefing - 10/4/2006 - 1347 words
Gambling in its varied forms is a deeply-rooted characteristic of the human race which, although a source of pleasure for many and not inherently immoral, can cause harm to individuals and to society through immoderate indulgence. To protect society and children, governments to various countries, have interefered from time...

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The Mind and Culpability of Fraudsters - Sally Ramage
- 8/2/2005 - 1836 words
Crime Throughout The Ages Fraud has been with us and recorded even since the time of the Magna Carta when records survive which show that in those days of serfdom, the law imposed limits to the oppression of serfs by their lords. There was a Sanctuary Act 1623, which prohibited...

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An International Perspective Of Fraud Including Bribery And Corruption - Part 3 - Sally Ramage
- 10/4/2005 - 2182 words
France has an Audit Court, like the UK's National Audit Office, which monitors the use of public funds by public institutions and public enterprises. France also has a Banking Commission, which is responsible for overseeing 2,600 financial establishments. France also has a stock exchange watchdog, the Commission des operations de...

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The Consolidation of the Russian Oil and Gas Market - Year 2006.
Mondaq Business Briefing - 2/3/2006 - 2295 words
By Sally Ramage[ TM]1 One of the most important challenges for economic policy is the process of globalisation and traditional governance concepts based on sovereign nation-states. This is the reason why alternative modes of governance such as network governance are called into question. This analysis reveals self-interested2, strategically behaving...

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International Co-Operation in Civil and Criminal Matters - Sally Ramage
- 2/15/2005 - 2219 words
A country can request that a UK citizen be extradited to that country to stand trial for fraud and other criminal matters as long as the alleged offence is a crime in both countries and carries a prison sentence of more than one year. It is now well known...

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An International Perspective of Fraud Including Bribery and Corruption - Part 2 - Sally Ramage
- 10/4/2005 - 4066 words
Mutual Legal Assistance The United Nations had taken a number of steps to promote international action in the field of mutual assistance and one of these is a Model Treaty on Mutual Assistance in Criminal Matters to be used as a basis in future negotiations between its Member States....

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Insolvency and Creditors - Sally Ramage
- 6/14/2005 - 2524 words
The first English bankruptcy statute was in 1542. Throughout these early bankruptcy times, bankrupts were mostly seen as evasive and fraudulent and the legislation contained severe penalties; there was no discharge from bankruptcy until 1705. Yet, things got worse and some bankrupts were bankrupted at several bankruptcies. The 1705 law to include...

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United Kingdom: British Businesses Beware! Digital Evidence is Coming to a Courtroom Near You!
Mondaq Business Briefing - 8/7/2006 - 2735 words
This is the type of digital evidence report that is valid in a court of law and which can be used in court, the digital evidence expert having used such scrupulous procedures, that his report is utterly valid and carries great weight .. Developments worldwide have made it simple to...

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United Kingdom: Ethics - Coming to a Place Near You
Mondaq Business Briefing - 4/13/2006 - 2482 words
Keble College, University of Oxford was the setting for a low-key World Ethics Forum from 9th to 12th April 2006. This was a forum paid for mainly by four organisations in almost equal shares, namely the United Kingdom's DFID1, The World Bank, USAID and AusAid. Most of the funding was...

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Hard-Core Cartels, the USA , the EU and Developing Countries - Sally Ramage
- 8/2/2005 - 2836 words
Introduction Explicit price-fixing or market division agreements are known as "hard core" cartels among private producers from multiple countries. These agreements are illegal in the U.S. and the European Union and are prosecuted by the competition policy authorities in these countries and also in some developing countries where lack...

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The Fraud Offence - Sally Ramage
- 10/1/2004 - 2821 words
Abstract The Home Office consultation "Fraud Law Reform", first published in May 2004, aims for the first time to create a clear offence of fraud in English law. Under the proposals the new offence would be based on misrepresentation, non -disclosure and abuse of trust. There would also be an...

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United Kingdom: "Ever Sailing Close to The Wind in The US and The UK"
Mondaq Business Briefing - 7/21/2006 - 2870 words
Serious transnational organized criminals are always on the alert for prospective places to hide and secure their proceeds. Offshore havens have been the harbour of choice for these criminals, as well as for businesspersons who evade taxes. Analysis of several case studies of grand-scale fraud, smaller scale frauds2 and...

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An International Perspective of Fraud Including Bribery and Corruption - Part 1 - Sally Ramage
- 10/4/2005 - 3284 words
Bribery and Corruption as serious fraud Throughout the world, bribery and corruption is classed as serious fraud, so much so, that there are many international conventions on Bribery and Corruption. Examples of bribery and corruption are active bribery, passive bribery, embezzlement or misappropriation of public funds, trading in influence,...

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The Culpability of Fraudsters - Sally Ramage
- 10/24/2005 - 7191 words
Table of STATUTES (UK) Criminal Justice Act 1987 Financial Services Act 1986 Criminal Procedure (Insanity) Act 1964 Proceeds of Crime Act 1995 Table of CASES (UK) Parsons v State 1886 81 Ala.5572 So 854 R v Clive Smith 2001 unreported R v Freeman & Hodgekinson 2003 unreported R v Mitchell, Kirkup and others 2004 19/08/2005 Rv Saunders 1986 unreported R v...

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Are the EC Directives Disregarding the Really Urgent Issues to Settle for Busier, Less Controversial Matters? - Sally Ramage
- 3/24/2005 - 3925 words
An Open Letter To The European Commission Dear Sirs, The Treaty governing the use of Outer Space 1967 It has been asserted that the European Commission's harmonization measures that now cover areas such as formation of companies, distribution to shareholders, new issues of shares, mergers, accounting, auditing, mandatory disclosures, insider...

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Music Performers and Their Protection - Who Owns the Intellectual Property Rights? - Sally Ramage
- 7/18/2005 - 3885 words
(This paper was presented at New Hall, Cambridge University, IP Workshop on Monday 27th June 2005). Introduction From antiquity, possibly before even speech actually took place, humans used songs, often accompanied by rhythmic movements of the body or by some musical instruments, to convey a message that could otherwise not...

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UK Pornography Today - Sally Ramage
- 11/25/2005 - 4288 words
Paper presented at Canada/New Zealand Conference, University of Kent, 12th April 2005 Introduction Article 10 of the United Kingdom's Human Rights Act 1998, "Freedom of Expression", gives the right to give and receive information to and from each other, by guaranteeing the right to hold and express opinions and ideas. Censorship of...

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United Kingdom: The 2003 United States - United Kingdom Income Tax Treaty- Kicking In
Mondaq Business Briefing - 9/29/2006 - 4495 words
With recent news such as "Britain's Serious Organised Crimes Agency has identified the top 130 crime barons it wants to put out of business. The SOCA has narrowed down an original list of more than 1000 names to pinpoint its targets", and "US wins fast-track rights in fraud case- The United...

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UK Fraud - An Examination - Sally Ramage
- 3/24/2005 - 4760 words
Abstract This work explores the concept of serious fraud in England, Wales and Northern Ireland. It will explain the concept of fraud with the emphasis being on the fraud, economic crime of white-collar crime, that is, financial fraud. It will look at how the UK combats serious frauds, what...

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"The European Company Statute - How will it better protect minority shareholders?" - Sally Ramage
- 1/31/2005 - 4646 words
Abstract This article examines the European Company Statute which came into force on 8th October 2004 with an analysis of minority shareholders rights under this new statute compared with the present company law in three major member states. There is a common perception that different legal systems have different levels...

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