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08 December 2023 / David Corker
Issue: 8052 / Categories: Opinion , Fraud
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Getting serious about fraud

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The fraud review & a starter for ten…David Corker provides Jonathan Fisher KC with some useful pointers

How can complex frauds be prosecuted more effectively? This is the essential question that the Lord Chancellor has instructed Jonathan Fisher KC to answer within 18 months. This is a moment for blue-sky thinking. Mr Fisher is not impeded by limited terms of reference. He has been granted the opportunity to explore different and unconventional approaches to tackling the problems that have beset prosecutions undertaken by the Serious Fraud Office (SFO) for many years.

Coincident with this potential for a burst of creativity the Bankman-Fried trial finished in New York. Nearly a year to the day after his FTX crypto empire collapsed, Bankman-Fried’s fate was sealed by a jury after a high-profile 18-day trial. This was a fraud prosecution of an individual that was mired in complexity. It appeared to observe due process norms. Yet, despite those conditions, by the standards of the SFO it moved at lightning speed. Understanding how that feat was accomplished deserves Mr Fisher’s close attention.

Cross-country snapshots rarely provide robust

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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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