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Article
Publication date: 1 February 1995

Mads Andenas

1994 has seen the adoption of an OECD Recommendation on Bribery in International Business Transactions and a Council of Europe Resolution on Corruption. The issue now is how…

72

Abstract

1994 has seen the adoption of an OECD Recommendation on Bribery in International Business Transactions and a Council of Europe Resolution on Corruption. The issue now is how effective are these international initiatives. The first test is how the member states of these two organisations move to implement new policies.

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Journal of Financial Crime, vol. 3 no. 1
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 February 1995

Mads Andenas

Financial institutions are under a duty to inform their regulators of matters which may include potential breaches of rules causing loss to investors. When investors sue for…

52

Abstract

Financial institutions are under a duty to inform their regulators of matters which may include potential breaches of rules causing loss to investors. When investors sue for compensation, courts require disclosure of all documents relevant to the issue. Documents prepared for regulators about potential breaches of rules will generally pass the test of relevance, and must be disclosed unless they fall within an exempt category such as public interest immunity. In a recent case, Kaufmann v Credit Lyomiais Bank, a High Court judge refused to extend public interest immunity for documents sent to the regulators of a bank.

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Journal of Financial Crime, vol. 3 no. 1
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 March 1996

Sandeep Savla

Section 2 of the Criminal Justice Act 1987 abrogates the right to silence since a suspect is required to answer questions in pre‐trial investigations by the SFO, although the…

71

Abstract

Section 2 of the Criminal Justice Act 1987 abrogates the right to silence since a suspect is required to answer questions in pre‐trial investigations by the SFO, although the answers are inadmissible as evidence unless proceedings are brought under s. 2(14) for giving false information or by s. 2(8), where the individual ‘makes a statement inconsistent with it’. In a previous article, the writer has considered the necessity and effectiveness of s. 2 powers. It is also instructive to analyse the conceptual basis of s. 2 powers since this will aid in the interpretation of statutory ambiguities and will allow the courts to have a uniformity of approach when seeking to resolve the statutory ambiguities. The conceptual basis is also important as concerns the resolution of where the line lies between the effective investigation of offences pursuant to s. 2 and the rights of the individual subject to such questioning. A critical examination of the above issues demands steering a careful course between normative rules and theory: in this area above all others it is impossible and undesirable to divorce one from the other.

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Journal of Financial Crime, vol. 4 no. 1
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 March 1997

B. Shrinath

Information is power — so it has been said — and nowhere has this statement been realised more significantly than in the banking industry. IT and banking in the 1990s and going…

344

Abstract

Information is power — so it has been said — and nowhere has this statement been realised more significantly than in the banking industry. IT and banking in the 1990s and going forward to the next millennium are tightly bonded. It is now more difficult to determine whether business drives technology or the other way round. Given this scenario, one of the most important facets of managing IT in a bank is that of information security.

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Journal of Financial Crime, vol. 5 no. 1
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 January 1996

Simon P. Robert‐Tissott

Gone are the days when a bank could concentrate on providing a reliable service to its customer, and maintain that as part of that service it could guard the confidentiality of…

81

Abstract

Gone are the days when a bank could concentrate on providing a reliable service to its customer, and maintain that as part of that service it could guard the confidentiality of all information learnt in the course of the customer's banking. Formerly, a customer could be relatively confident that information about his or her business affairs would not be disclosed save in fairly limited circumstances, and the bank would not trouble itself as to how these affairs were conducted. Current legislation and regulation requires a bank to be aware of the commercial background to its clients' dealings and, in certain circumstances, to take steps to report criminal conduct or to account to third parties.

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Journal of Financial Crime, vol. 3 no. 3
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 January 1998

Peter Maynard

The short answer is no. Notable examples of anti‐corruption laws are available. But there is probably no single example that one would elevate to a definitive universal model…

460

Abstract

The short answer is no. Notable examples of anti‐corruption laws are available. But there is probably no single example that one would elevate to a definitive universal model. This short briefing will focus first on the multilateral efforts of the Organization of the American States (OAS) against corruption and secondly, on the new anti money‐laundering legislation of the Bahamas with references to other major countries, as another perspective apart from the perspectives of other regions.

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Journal of Financial Crime, vol. 5 no. 3
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 February 1996

Richard Harwood

Enforcement of regulatory controls has traditionally been left to the criminal law. In the last 15 years there has been an increasing interest in using civil remedies for this…

94

Abstract

Enforcement of regulatory controls has traditionally been left to the criminal law. In the last 15 years there has been an increasing interest in using civil remedies for this purpose. Most of the attention has been on financial services, but there have been recent developments in the UK planning system, which provide interesting parallels.

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Journal of Financial Crime, vol. 3 no. 4
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 April 1997

Morten Eriksen and Tarjei Thorkildsen

In most jurisdictions a suspect has the right to remain silent during criminal proceedings and he cannot be penalised for making false statements. This is loosely known as the…

77

Abstract

In most jurisdictions a suspect has the right to remain silent during criminal proceedings and he cannot be penalised for making false statements. This is loosely known as the ‘ban on self incrimination’ and is regarded as an important factor in due process protection of individuals subject to criminal proceedings. The right to silence applies only to the stage of criminal proceedings, and up to date it has surprisingly not been seriously debated. A criminal may have caused individuals and society major loss, damage or suffering; in principle one would expect that he would be obliged to assist in the clearing‐up of the case, particularly if this could ameliorate or repair the negative consequences of the crime. But this is not the way it is looked at. The suspect is under pressure, and must not be faced with the choice of lying or confessing.

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Journal of Financial Crime, vol. 5 no. 2
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 April 1997

Sandeep Savla

If the exception proves the existence of the rule, then by parity of reasoning Cobra Golf Ltd v Rata affirms the continued application of the common law privilege against…

43

Abstract

If the exception proves the existence of the rule, then by parity of reasoning Cobra Golf Ltd v Rata affirms the continued application of the common law privilege against self‐incrimination. For the case stands out against the background of English authorities such as R v Director of Serious Fraud Office, ex‐parte Smith, AT&T Istel v Tully and, most recently, R v Institute of Chartered Accountants of England and Wales, ex parte Nawaz. And even the European Court of Human Rights, which forum one might expect to safeguard the individual against assertions tilted towards rectitude of outcome, has provided only lukewarm support for the privilege against self‐incrimination in Saunders v United Kingdom by limiting the case to its facts and refusing to rule that the privilege against self‐incrimination was an absolute right.

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Journal of Financial Crime, vol. 5 no. 2
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 25 October 2020

Li-Hong May Xing

307

Abstract

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Journal of Financial Crime, vol. 27 no. 3
Type: Research Article
ISSN: 1359-0790

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