Divorce – business assets entitlement and dividing assets

30/06/2014

Business assets on divorce Sorting out financial entitlements on divorce can be complex and contentious especially where one spouse has business assets or there is a family business. Entitlement to business assets The difficulty often arises because the spouse that owns business assets will be well informed that the non-owning spouse will be able to READ MORE

Lies on employee cv – what to do

30/06/2014

Inaccurate or deliberately false career history and academic qualifications are problem employers underestimate at their peril. The figures on this are disturbing and quite staggering since, with research indicating that over half of CVs contain lies or inaccuracies which can range from gaps in employment history to false claims regarding qualifications and failure to mention READ MORE

David Rosen published in Archbold

09/04/2014

Visitors to this blog will know that Professor David Rosen writes prolifically on all aspects of fraud and latest trends and developments in fraud law. David’s latest thoughts and comments on trends in private prosecutions of fraud have recently been published in Archbold, one of the leading criminal law publications in the UK. You can READ MORE

Someone is stealing in my office: What do I do? Part I: Informing

08/04/2014

D Rosen This is Part I of a series of what to do, and what options you have. The options are a non-exhaustive list. There are many options to consider, depending upon the size of the business, and politics within that business, the characters involved, and the size and extent of the stealing. Who are READ MORE

Deferred Prosecution Agreements (‘DPAs’): A change in culture?

03/04/2014

D Rosen I had the honour within the last week or so, of hearing and meeting both the head of the http://www.sfo.gov.uk/ Serious Fraud Office, David Green CB QC, at the Association of Certified Fraud Examiners European Fraud Conference 2014, in Amsterdam, and the Attorney-General, the Right Honourable Dominic Grieve QC MP. https://www.gov.uk/government/organisations/attorney-generals-office at Brunel READ MORE

When does protecting Property, result in a criminal offence rather than a civil misdemeanour?

19/03/2014

D Rosen The short answer under the Fraud Act 2006: When one can establish dishonesty by way of misrepresentation, omission, or abuse of position with a view to making a gain or causing loss to another, whether temporary or permanent. What follows briefly, is a history of the development in case Law and Statutes to READ MORE

Fraud, Bribery, and Money Laundering: Sentencing Guidelines in the context of suing the Banks

14/03/2014

D Rosen New sentencing guidelines come into force on 1st October 2014 and apply to all Courts. They are focused upon economic crime by corporates. The Courts determine the levels of fine according to Section 164 of the Criminal Justice Act 2003. Section 174 of the Criminal Justice Act 2003 imposes a duty to give READ MORE

Child contact where parents are divorced – complex and contradictory ?

12/03/2014

Where there are children involved in a  divorce, the law is very clear – the needs of the child come first. However, as with all legal situations, every case  is different and there are nuances and things can change as a child grows up and  matures. A common question we are asked in sutuations where, READ MORE

Variation of financial orders on divorce

08/03/2014

Circumstances change in life and that’s why divorce financial orders always include a provision for liberty to apply – in other words either party may apply to the court in future to alter the financial order. Where children are involved, for obvious reasons, it is more likely that a court might alter a previously made READ MORE

Fraud: A Criminal Claim brought by the CPS or by Private Prosecution?

13/02/2014

You may or may not know this but currently, resources are limited by Government cuts, and Home Office budget restraints as to what statistically must be fulfilled by respective Police forces to receive further funding, to fight crime. There has been stiff criticism and an inference of constitutional corruption whereby some crimes are favoured above READ MORE