Criminal Private Prosecution in Action: A Working Example


Private prosecutions It pains me to write this blogpost. Why? Where the Full Code Test is satisfied, the Crown Prosecution Service ought to prosecute. The Full Code Test consists of 2 stages, namely, the Evidential stage and the Public Policy stage. Evidential Stage: Prosecutors must be satisfied that there is sufficient evidence to provide a READ MORE

David Rosen delivers lecture to Association of Certified Fraud Examiners Conference


Professor David Rosen delivered a lecture on ‘Bringing a Private Prosecution’ to a packed audience at the 3rd Annual Fraud Conference of the Association of Certified Fraud Examiners UK Chapter held at the premises of Thomson Reuters. Other prolific speakers included Paul Moore, the HBOS Whistleblower, Michael Woodford, the Olympus Whistleblower, and the City of READ MORE

The Con Man: Part IV: A Criminal Prosecution procedure perspective


 D Rosen This is Part IV in a series on ‘The Con Man’. In part I, I gave an insight into the workings of a Confidence Fraud. In part II, I gave a sample of breaches of trust, deceit, and fraudulent misrepresentation, together with remedies in the Civil Courts of England and Wales. In part READ MORE

The Con Man: Part III


D Rosen ‘My theme is alwey oon and evere was – Radix Malorum est Cupiditas’: Pardoner’s Prologue and Tale, Chaucer. Radix Malorum est Cupiditas: Money/greed is the root of all evil. In Chaucer’s Pardoner’s Prologue and Tale, we read that the Pardoner, (someone who received money or gifts on behalf of the Church supposedly, to READ MORE

The Con Man: Part II


D Rosen In Part I, I gave an introduction to a typical Con Man, and repeat a quotation: ‘The law doesn’t quarrel with man’s inalienable right to pursue the buck. The law only questions the method and means of acquiring the elusive green’ – The Con Man (87th Precinct) (McBain, Ed) If we are being READ MORE

The Con Man – introduction to series on confidence frauds


“The basic idea is this: It’s called a ‘confidence’ game. Why? Because you give me your confidence? No. Because I give you mine”. –David Mamet, House of Games. ‘The secret of being a top notch con man, is being able to know why the mark wants, and how to make him think he’s getting it’ READ MORE

Options for prosecuting fraud


Here is the second instalment in my series of video interviews on Askimo TV. I was asked about the options, both civil and criminal, for pursuing a fraud claim. As I explain, when it comes to pursuing a civil action, as with any such case, it’s vital to look at enforceability. I hope you enjoy READ MORE

Practical fraud prevention via background checks and understanding fraud psychology


In last week’s blogpost, I discussed a case study, based on a true case, which I was asked to consider and advise upon, involving fraud, theft, and moonlighting. A comment was made on Twitter, that if that particular employee had been vetted in the first place, then he would not have been employed, and the READ MORE

Fraud at Work: Occupational Fraud: A case study


A true case. A sole-trader (let’s call him ‘Bob’), trades on the Internet, selling outdoor goods. Business is good, and his business expands. No longer can Bob keep his stock of outdoor goods in his garage, and so he rents another garage. Business continues to grow, and once more he expands his stock and purchases READ MORE

Expenses fraud – possible liability and ways to prevent


Expenses falsified? In a business, employees are sometimes given a Company or business credit card. Sometimes, an employee has incurred expenses personally for the benefit of their employer, which they expect to recoup back from their employer. There is nothing wrong in claiming back for expenses incurred personally by you, or on behalf of your READ MORE