Chapter 11: Criminal Law Flashcards
What is a qualifying disclosure
Disclosure of info from worker who believes they are revealing wrongdoing
What does ERRA 2013 relate to
Disclosure made in ‘public interest’. If the disclosure is not in good faith, reduce compensation by 25%. Encourages whistle-blowing
Who should you whistleblow to to be safe
External disclosure made to:
Internally, legal advisor, minister of crown, prescribed person
What is considered in disclosure being reasonable?
Seriousness, is it on going, who was it disclosed to
What is the indirect detriment from disclosure
Overlooked for promo, changing in working practice, change of training of worker
What is the max penalty for fraud and how do you raise successful case?
Prove dishonesty and intention to cause loss
Max pen is 10 yrs
What 3 offences does insider dealing relate to
relates to info not commonly available.
o They deal in securities which they have inside info
o They encouraged someone to deal in security they have inside info
o Disclosure of inside info
What is the max penalty for insider trading
7 years
What are the three phases of money laundering
Placement, Layering, Integration
What are max penalties for failure to report and tipping off
Failure to report- 5 years
Tipping off- 2 years
When does obligation to report not take priority over client confidentiality
When professional advisor protected by legal privilege
What are the 3 statutory instances of fraud
Fraud by abuse of position
Fraud by making false representation
Fraud by failing to disclose information
What is max term of imprisonment for bribery
10 years
What is money laundering under Proceeds act?
Proceeds of crime are converted into assets which appear to have a legitimate origin
How can a commercial organisation protect itself when employee commits bribery?
Prove they have adequate preventative procedures
