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Fraud on businesses is a perennial problem and the levels of fraud reported in England and Wales are increasing year on year, especially in relation to cyber fraud. With cases of this nature being brought before both civil and criminal courts lawyers specialising in fraud litigation need to have combined civil/criminal expertise to be able to properly advise their clients. A Practitioner's Guide to Commercial and Cyber Fraud: Claiming Compensation in the Civil and Criminal Courts provides practical as well as legal guidance to in house lawyers and fraud practitioners who are representing clients in both the civil and criminal courts. Explaining both the law and the strategic and practical choices for lawyers when deciding whether to pursue civil justice, criminal justice, or both in parallel, it also sets out the advantages and disadvantages of each and the conflicts between the systems.It also contains a cohesive analysis of the criminal (public law) framework for international criminal cases from the perspective of a victim-claimant.
It is estimated that there are over five million incidents of fraud and two million cyber-related crimes committed annually in the UK costing approximately £193 billion with organisations losing £183 billion per year. Aimed at business directors, business owners, in-house lawyers and managers, forensic accountants and non-UK lawyers, Commercial and Cyber Fraud: A Legal Guide to Justice for Businesses sets out the legal process, from discovery of the crime and consideration of options, through engaging lawyers, early interventions to secure assets in the hands of fraudsters and culminating in sections on legal rights and processes, including court trials. This new title: - Arms victims of business fraud with valuable information that will enable them to make confident and wise choices in their pursuit of justice right from the first discovery of commercial fraud or cyber fraud - Sets out both the civil and criminal court options for victims - Includes detailed guidance on how to choose, use and pay for lawyers - Explains strategic imperatives, the relative merits of the different justice options and the hurdles that might have to be overcome - Includes case studies and quotes from real victims of commercial and cyber fraud and insightful quotes from specialist fraud litigation lawyers - Contains an introduction to international fraud cases and cross-border laws
"It is estimated that there are over five million incidents of fraud and two million cyber-related crimes committed annually in the UK costing approximately Đ193 billion with organisations losing Đ183 billion per year. Aimed at business directors, business owners, in-house lawyers and managers, forensic accountants and non-UK lawyers, Commercial and Cyber Fraud: A Legal Guide to Justice for Businesses sets out the legal process, from discovery of the crime and consideration of options, through engaging lawyers, early interventions to secure assets in the hands of fraudsters and culminating in sections on legal rights and processes, including court trials. This new title: - Arms victims of business fraud with valuable information that will enable them to make confident and wise choices in their pursuit of justice right from the first discovery of commercial fraud or cyber fraud - Sets out both the civil and criminal court options for victims - Includes detailed guidance on how to choose, use and pay for lawyers - Explains strategic imperatives, the relative merits of the different justice options and the hurdles that might have to be overcome - Includes case studies and quotes from real victims of commercial and cyber fraud and insightful quotes from specialist fraud litigation lawyers - Contains an introduction to international fraud cases and cross-border laws."--
This book is a practical handbook to assist the reader in navigating the peculiarities of claims in respect of cyber fraud. It acts as a guide on the procedure and substantive law relating to this burgeoning practice area, assisting the practitioner who is dealing with cyber fraud litigation - often under strict time pressures.
In an era of unprecedented volatile political and economic environments across the world, computer-based cyber security systems face ever growing challenges. While the internet has created a global platform for the exchange of ideas, goods and services, it has also created boundless opportunities for cyber crime. The debate over how to plan for the cyber security of the future has focused the minds of developers and scientists alike. This book aims to provide a reference on current and emerging issues on systems security from the lens of autonomy, artificial intelligence and ethics as the race to fight and prevent cyber crime becomes increasingly pressing.
The investigator’s practical guide for cybercrime evidence identification and collection Cyber attacks perpetrated against businesses, governments, organizations, and individuals have been occurring for decades. Many attacks are discovered only after the data has been exploited or sold on the criminal markets. Cyber attacks damage both the finances and reputations of businesses and cause damage to the ultimate victims of the crime. From the perspective of the criminal, the current state of inconsistent security policies and lax investigative procedures is a profitable and low-risk opportunity for cyber attacks. They can cause immense harm to individuals or businesses online and make large sums of money—safe in the knowledge that the victim will rarely report the matter to the police. For those tasked with probing such crimes in the field, information on investigative methodology is scarce. The Cybercrime Investigators Handbook is an innovative guide that approaches cybercrime investigation from the field-practitioner’s perspective. While there are high-quality manuals for conducting digital examinations on a device or network that has been hacked, the Cybercrime Investigators Handbook is the first guide on how to commence an investigation from the location the offence occurred—the scene of the cybercrime—and collect the evidence necessary to locate and prosecute the offender. This valuable contribution to the field teaches readers to locate, lawfully seize, preserve, examine, interpret, and manage the technical evidence that is vital for effective cybercrime investigation. Fills the need for a field manual for front-line cybercrime investigators Provides practical guidance with clear, easy-to-understand language Approaches cybercrime form the perspective of the field practitioner Helps companies comply with new GDPR guidelines Offers expert advice from a law enforcement professional who specializes in cybercrime investigation and IT security Cybercrime Investigators Handbook is much-needed resource for law enforcement and cybercrime investigators, CFOs, IT auditors, fraud investigators, and other practitioners in related areas.
Cyber fraud is a well-established and significant concern for business and individuals. The problem has developed exponentially, in terms of scale, coverage and value, in recent years. In part, this has been the result of recent events, such as the Covid-19 pandemic making remote working the norm and the widespread use of cryptocurrencies, providing increased opportunity for fraud. In addition to the obvious financial consequences, incidents of cyber fraud cause reputational harm and embarrassment to the victims, as well as engaging regulatory obligations for some persons. However, well-established principles of law and procedure can be adapted to meet the new challenges posed by cyber fraud. The Court has shown willingness to develop its jurisdiction to give the victims of cyber fraud the tools needed to trace, identify, seize and recover the proceeds of frauds perpetrated against them. This book is a practical handbook to assist the reader in navigating the peculiarities of claims in respect of cyber fraud. It acts as a guide on the procedure and substantive law relating to this burgeoning practice area, assisting the practitioner who is dealing with cyber fraud litigation - often under strict time pressures. Significant updates since the previous edition include dealing with crypto-assets in their own chapter, analysing recent trends in banks' liability for cyber fraud, and considering in greater depth the use of disclosure orders to identify anonymous cyber fraudsters and the proceeds of their wrongdoing. ABOUT THE AUTHOR Matthew McGhee is a barrister at Twenty Essex with a broad commercial practice and a significant focus on civil fraud claims. He has been at the forefront of cyber fraud litigation, having acted for victims of cyber fraud and having both brought and defended fraud claims levelled against financial institutions. Matthew also has practical experience in cryptocurrency litigation. Notable instructions have included CMOC v Persons Unknown [2018] EWHC 2230 (Comm) (a claim to trace and recover money stolen by cyber fraudsters, and the first-known occasion that a worldwide freezing injunction has been granted against 'persons unknown') and IFT v Barclays [2020] EWHC 3125 (Comm) (concerning a claim against the bank which received the proceeds of fraud, raising issues of when banks may be held liable for their customers' frauds). Matthew is regularly invited to speak at national and international industry conferences and events about cyber law and litigation. CONTENTS Introduction Chapter One - Commencing Proceedings Against Anonymous Fraudsters Chapter Two - Fraudulent Payments: Recovery From Wrongdoers Chapter Three - Fraudulent Payments: Recovery From 'Innocent' Parties Chapter Four - Extortion Chapter Five - Other Wrongful Acquisitions Chapter Six - Crypto-Assets Chapter Seven - Procedural Guidance Chapter Eight - Coda on Future Developments
'Cyber Crime: Law and Practice', now in its second edition, tackles the fast-growing topic of cyber crime and covers a wide range of issues from electronic fraud, data, interception of communications, cyber stalking, online theft and intellectual property to more involved topics like malicious communications and the rules of evidence relating to cyber-crimes and computers. The second edition contains updated information on: New Offences under the Computer Misuse Act 1990, Investigatory Powers Act 2016, Data Protection Act 2018 and GDPR, and new CPS guidance on prosecution of offences relating to social media. Using detailed case studies, examples and statutory extracts the author explains all aspects of cyber crime and computer crime. 'Cyber Crime: Law and Practice' provides a practical, easy-to-follow guide for practitioners in the field, as well as those in law enforcement and academia.
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There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.