header-logo header-logo

07 May 2020 / Jonathan Fisher KC
Issue: 7885 / Categories: Features , Covid-19 , Fraud
printer mail-detail

COVID-19 & fraud— a risk assessment

20299
Jonathan Fisher QC reports on responding to new fraud risks in the COVID-19 era

In brief

  • COVID-19 scams: benefitting from the panic and uncertainty in the global health crisis.
  • COVID-19 investment frauds: promises of high returns and ethical importance.
  • COVID-19 revenue frauds: the need for thorough government checks on business.
  • Desperation frauds: breeding a different kind of criminal activity born out of opportunism and desperation.
  • Investment frauds: banks withdrawing support from struggling companies.

The COVID-19 pandemic will have lasting consequences for the fraud landscape, which should be understood from several perspectives. In regulatory terms, it is important to appreciate the new forms of fraud to keep abreast of threats to the financial system. From a criminal law perspective, the possibility of money laundering always hovers. Considering civil law exposure, there are potential claims and possible constructive trust liability which, although difficult to establish, is a significant growth area. The ways in which practical and theoretical interpretations of risk and the legal framework will need to adapt to these new threats is paramount

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll