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28 October 2016 / Ben Fielding
Issue: 7720 / Categories: Features , Profession
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The future of scandal

Ben Fielding examines the use of technology in corporate wrongdoing

For as long as there has been business and investors, there have been those who have sought to make money illicitly by breaking the rules and misleading others.

Nowadays, corporate scandals come in many shapes and forms, but among the most common are those related to fraud and price-fixing cartels. One thing that links all modern scandals is the importance of electronic devices, both as a means of propagating a scandal and as a source of electronic evidence.

This article examines the life cycle of a scandal; how they are created and how they emerge, as well as offering practical advice on prevention and crisis management.

How do scandals start & how can they be prevented?

Tracing the origins of a financial scandal is a tough task and one that occupational psychologists are still tussling with. Like other crimes, there must be a means, a motive and an opportunity. There also must be an individual who makes the decision to act immorally or unlawfully. If the scandal involves more than one person, such as in

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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
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