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There are offences consisting of making, or copying, or using, or using a copy of a false instrument; or having custody or control of specified kinds of false instruments or machines for making them: Forgery and Counterfeiting Act 1981, ss 1–5.
The above offences all require proof of an 'intention to induce somebody to accept the instrument (or copy) (or instrument to be made) as genuine' and 'by reason of so accepting it to do or not to some act to his own or to any other person's prejudice'. The terms 'instrument', 'false' and 'making', 'prejudice' and 'induce' are defined by the Forgery and Counterfeiting Act 1981.
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Keywords for the Financial Services Enforcement Database The Financial Services Enforcement Database contains detailed information on all substantive Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) Final Notices and, where available, Decision Notices from 2014 to the present. It also includes any Decision Notices issued by the Payment Systems Regulator (PSR). In addition to allowing users to filter by rule breach, the Enforcement Database also enables users to filter by sector, keywords, seriousness factors, aggravating factors, mitigating factors, financial penalty and other action such as appeals. This document sets out the keywords for the Financial Services Enforcement Database. It can be used as a tool to assist in identifying words and terms to search for across the Database. Keywords Following is a complete list of the keywords used in the Financial Services Enforcement Database: • Abuse of position • Affordability • Anti-money laundering (AML) systems and controls • Appointed representative • Asset Management • Benchmarks • Anti-bribery and corruption (ABC) systems and controls • British Steel Pension Scheme (BSPS)...
Criminal Finances Act 2017: is it in force?—checklist [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. The Criminal Finances Bill received Royal Assent on 27 April 2017 and became the Criminal Finances Act 2017 (CFA 2017). For further information on the passage of this legislation through parliament, see Practice Note: Criminal Finances Act 2017—progress through Parliament [Archived]. Under CFA 2017, s 58 secondary legislation is required to bring the substantive provisions into force. There have been four pieces of secondary legislation published pursuant to this provision: • the Criminal Finances Act 2017 (Commencement No 1) Regulations 2017, SI 2017/739—this brought CFA 2017, s 47 (guidance about preventing facilitation of tax evasion offences) into force on 17 July 2017 and the rest of CFA 2017, Pt 3 (corporate offences of failure to prevent facilitation of tax evasion) into force on 30 September 2017 • the Criminal Finances Act 2017 (Commencement No 2 and Transitional Provisions) Regulations 2017, SI 2017/991—this brought the provisions relating to the power to...
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Offence of making a false instrumentA person is guilty of forgery under section 1 of the Forgery and Counterfeiting Act 1981 (FCA 1981) if they make a false instrument, with the intention that they or another uses it to induce somebody to accept it as genuine, and by reason of so accepting it, to do or not to do some act to their own or any other person's prejudice.'Instrument'FCA 1981, s 8 provides a definition of instrument applicable for all of the offences created by FCA 1981. Instrument includes any document, postal stamp, Inland Revenue stamp, disk, tape, sound track or other device on or in which information is recorded or stored by mechanical, electronic or other means.Document is not defined by FCA 1981 but it does not include any currency notes which are covered by the counterfeiting offences in Part II of FCA 1981. See Practice Note: Counterfeiting notes and coins.Electronic impulses representing passwords for accessing computers are not instruments so 'hacking' into a computer or the misuse of...
Making a counterfeit note or coinSection 14 of the Forgery and Counterfeiting Act 1981 (FCA 1981) makes it an offence for a person to make a counterfeit of a currency note or of a protected coin:•intending that they or another shall pass or tender it as genuine, or•without lawful authority or excuseThe offence is an either way offence. A person convicted on indictment would be liable to a maximum term of imprisonment of ten years and, on summary conviction, to an unlimited fine and/or a term of imprisonment not exceeding the general limit in a magistrates’ court. See Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction. A serious crime prevention order can be imposed on an individual or an organisation in relation to a breach of the FCA 1981, s 14. See Practice Note: Serious crime prevention orders.FCA 1981, s 14 draws a distinction between cases in which there is proof of an intent that the fake item shall be passed...
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Corporate criminal liability—code of ethics 1 Introduction 1.1 [Insert organisation name] takes great pride in the way we conduct our business. Our Code of ethics embodies the standards and policies under which we operate. It applies to us all. Please take care to read the Code, understand it, and use it to guide you in your work. If you have any questions about the Code and its application, you should speak with [insert, eg your manager]. 1.2 [Insert organisation name] has a zero tolerance towards employees committing criminal acts. 1.3 From 26 December 2023, the Economic Crime and Corporate Transparency Act 2023 provides that where a senior manager, acting within the actual or apparent scope of their authority, commits a relevant offence, the organisation is also guilty of the offence. 2 Senior manager 2.1 A senior manager is someone who plays a significant role in: 2.1.1 making decisions about how the whole or a substantial part of the activities of the organisation are to be managed or organised; or 2.1.2...
Contentious probate—client guide This document provides general guidance regarding some of the key issues in bringing a contentious probate claim. Your specialist Private Client practitioner will be able to provide tailored advice based on your personal circumstances. What is contentious probate? Losing someone you love is one of the most difficult experiences in life. It can be made even harder if you think there is a problem with their Will or the disposition of their estate, or if a family member challenges a Will that you are sure is valid. Contentious probate is a dispute over a person’s estate following their death. It is often between family members and/or close friends of the deceased These disputes are often divisive and emotional as they concern family members. They are also increasingly common as people are more aware of their legal rights and more willing to litigate over them. The value of estates has also increased as property prices have risen and family structures are often more complicated than...
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I've just noticed that an executed document has the wrong date on it. What should I do? The first thing you need to do is insert the correct date in the document which has been incorrectly dated. It is important that the date on the document accurately reflects the date on which the parties to it intended to be bound by its terms. Normally, this is the date when the parties: • signed the document (if it is a simple agreement as opposed to a deed), or • delivered the document (if it is a deed) In the absence of any provision to the contrary in the document, it will be presumed that the date on a document is the date the document took effect. If the date is wrong, there could be confusion about when the document took effect. How should a document be dated? It depends whether the document in question is a simple agreement or a deed. In the case of a simple agreement, the document should...
Can I negotiate an administrative penalty for a client being investigated for tax credit fraud? Administrative penalties are available under sections 115A or 115B Social Security Administration Act 1992 (SSAA 1992). The Department for Work and Pensions (DWP) applies its own enforcement policy when making the decision whether to pursue a civil or criminal route. The Sanction Policy: In respect of fraudulent Social Security Benefit claims can be viewed atwww.dwp.gov.uk. The DWP's enforcement policy for tax credit offences broadly follows the DWP's enforcement (penalty) policy. However, it departs from the policy in one significant respect in that there is no discretion to impose an administrative penalty under SSAA 1992, ss 115A or 115B for tax credit offences. Please see the Practice Note: Tax Credit offences. However if a case is not referred to the Crown Prosecution Service, the DWP have discretion to refer a tax credit case to HM Revenue & Customs for HMRCs own civil penalty policy to be applied. The policy...
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This week's edition of Corporate Crime weekly highlights includes analysis of the proposed prison and sentencing reforms brought about by the Independent Sentencing Review, of the outcomes from the cross-government review of sanctions implementation and enforcement, and of the historical fine imposed on Thames Water. Also included is news of the single-use vape ban coming into force, of the SFO’s investigation into Rockfire Investment Finance Plc over council fraud allegations, and of the FCA’s new Enforcement Guide aiming to enhance transparency in investigations. All this, and more, in this week’s Corporate Crime highlights.
This week's edition of Corporate Crime weekly highlights includes analysis of the new SFO guidance on what prosecutors must consider during corporate enforcement actions and of the risks associated with the government's bid to crack down on ransomware payments. Also included is news of major sentencing reforms to address the prison capacity crisis, of updated guidance from OTSI on reporting suspected trade sanctions breaches and of a £122.7m fine for Thames Water for wastewater operations failures and dividend payment breaches. All this, and more, in this week’s Corporate Crime highlights.
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