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The module examines some of the principal offences - including fraud, bribery, money laundering and insider dealing. These topics will provide scope for discussion of the theoretical limits of criminalisation and the practical challenges of proof.
The distinctive procedures in financial cases will also be examined. These raise important and timely questions about extraterritoriality, and disclosure in a world of global, digital finance as well as the frequently voiced concerns as to the suitability of the jury as a tribunal in such cases. As the Government is currently conducting a major review of fraud and its operation this is an exciting time to explore these issues. The seminars will involve theoretical and practical discussion, considering the underlying principles, legal frameworks, enforcement mechanisms, and policy considerations related to financial crime and the protection of the integrity of financial systems. Reform is a consistent theme. There are no formal prerequisites, but the module may be of most interest to those studying social justice related modules.
Module Syllabus
The module will be taught by seminars. The indicative syllabus for 2024-5 is as follows (though some topics may move around to accommodate the availability of other teachers).
Introduction
Introduction: English Criminal Process; Defining Financial Crime; Values
Distinctive investigation and prosecution of financial crime: the Serious Fraud Office, FCA and other Agencies
Corporate Criminal Liability and its Reform
Organised Crime and the Serious Crime Acts 2007 and 2015
Selected Offences
Standards of (Dis)honesty
Fraud
Conspiracy to Defraud
Bribery and Corruption
Money Laundering
Insider Dealing
Procedural Challenges
Disclosure (in a digital world)
Jurisdiction and extraterritoriality
Jury Trial in Complex Fraud
Legal Professional Privilege
Impacts of technology on evidence and crime definitions
Ethical challenges for professionals
Outcomes Remedies and Disposals
Deferred Prosecution Agreements and Other Disposals
Confiscation (I)
Confiscation (II)
Consolidation Session
Recommended Materials
Module reading lists and other materials will be provided via online module pages, once students have selected the course on enrolment.
Preliminery Reading
S Green Lying, Cheating and Stealing: A Moral Theory of White Collar Crime (Oxford, OUP 2007)
Key information
Module details | |
|---|---|
Credit value: | 45 credits (450 learning hours) |
Convenor: | David Ormerod |
Other Teachers: | Hannah Willcocks KC, Sonia Kalsi, Dr Mark Dsouza, HHJ Michael Hopmeier |
Teaching Delivery: | 10 x 2 Hour Weekly Seminar, Term One and Two |
Who may enrol: | LLM Students Only |
Prerequisites: | None. There are no formal prerequisites, but the module may be of most interest to those studying social justice related modules. |
Must not be taken with: | None |
Qualifying module for: | LLM in Law and Social Justice |
Assessment | |
Practice Assessment: | Opportunity for feedback on one optional practice essay |
Final Assessment: | In Person Controlled Condition Exam (100%) |