Monaghan Christopher - Financial crime and corporate misconduct : a critical evaluation of fraud legislation

The Fraud Act 2006 presented a wholesale reform of the pre-existing deception offences under the Theft Act 1968 and Theft Act 1978. This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud and white-collar offences.

The edited collection brings together contributors from a range of unique perspectives including academics, practitioners and a former member of the judiciary. It covers several related themes and provides the reader with a unique and original commentary on how the Fraud Act 2006 has been applied by the courts, the type of prosecutions that have taken place, the effectiveness of the Act, and other legislation which is used to prosecute financial crime and corporate misconduct. It covers procedural and evidential aspects relating to fraud trials, namely consideration of the composition of the tribunal of fact in complex fraud trials, and good character directions in fraud trials. It will be of interest to those teaching and researching in Financial Crime, Corporate Law, Criminal Law, the Law of Evidence, Criminology, Criminal Procedure and Sentencing.

Chris Monaghan is a Senior Lecturer in Law at the University of Worcester. He is the Research Lead for the School of Law and the Deputy LLB Pro gram me Leader. His research interests include fraud and property offences, legal history and public law. Since 2009, he has published on the Fraud Act 2006 and the issue of criminalising parents who provide misleading information on school application forms. His research has been published in the Criminal Law Review and the Journal of Criminal Law.

Nicola Monaghan is a Senior Lecturer in Law at the University of Worcester. She is a member of the Honourable Society of the Middle Temple and teaches criminal law and the law of evidence. She is the author of Criminal Law Directions (Oxford University Press) and Law of Evidence (Cambridge University Press) amongst other books. Her research interests include juror misconduct and compensation for miscarriages of justice and she has published articles on these areas. The Law Commission of England and Wales and the Law Reform Commission of Ireland have cited her research on jury misconduct. She also co-founded the Blackstones National Criminal Advocacy Competition and has taught advocacy to undergraduate students since 2002.

The Law of Financial Crime

Series Editor: Nicholas Ryder

Available titles in this series include:

Fighting Financial Crime in the Global Economic Crisis
Nicholas Ryder, Umut Turksen and Sabine Hassler

The Financial War on Terror
A Review of Counter-Terrorist Financing Strategies Since 2001
Nicholas Ryder

The Financial Crisis and White Collar Crime Legislative andPolicy Responses
A Critical Assessment
Edited by Nicholas Ryder, Jon Tucker and Umut Turksen

Countering Economic Crime
A Comparative Analysis
Axel Palmer

The Global Anti-Corruption Regime
The Case of Papua New Guinea
Hannah Harris

Financial Crime and Corporate Misconduct
A Critical Evaluation of Fraud Legislation
Edited by Chris Monaghan and Nicola Monaghan

For more information about this series, please visit: www.routledge.com/The-Law-of-Financial-Crime/book-series/FINCRIME

Edited by
Chris Monaghan and
Nicola Monaghan

First published 2019
by Routledge
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2019 selection and editorial matter, Chris Monaghan and NicolaMonaghan; individual chapters, the contributors

The right of Chris Monaghan and Nicola Monaghan to be identified asthe authors of the editorial material, and of the authors for theirindividual chapters, has been asserted in accordance with sections 77 and78 of the Copyright, Designs and Patents Act 1988.

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British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Names: Monaghan, Christopher, author. | Monaghan, Nicola (Lawyer),author.
Title: Financial crime and corporate misconduct : a critical evaluationof fraud legislation / Chris Monaghan, Nicola Monaghan.
Description: Abingdon, Oxon [UK] ; New York, NY : Routledge,2018. | Series: The law of financial crime | Includes bibliographicalreferences and index.
Identifiers: LCCN 2018025198 | ISBN 9781138557093 (hardback)
Subjects: LCSH: Commercial crimesGreat Britain. | Great Britain.Fraud Act 2006. | CorporationsCorrupt practicesGreat Britain. |Corporation lawGreat BritainCriminal provisions. | FraudGreat Britain.
Classification: LCC KD8000 .M66 2018 | DDC 345.41/0263dc23LC record available at https://lccn.loc.gov/2018025198

ISBN: 978-1-138-55709-3 (hbk)
ISBN: 978-1-315-15064-2 (ebk)

Typeset in Galliard
by Florence Production Ltd, Stoodleigh, Devon, UK

CHRIS MONAGHAN

AXEL PALMER

CHRIS MONAGHAN

CECILIA J. FLORES ELIZONDO, NICHOLAS LORD AND JON SPENCER

CAROLINE COLLINS AND NOEL MCGUIRK

MAUREEN JOHNSON

DAVID KIRK

SAM BOURTON

RHONSON SALIM

BILL DAVIES

HH TOBY HOOPER QC

STEPHEN HURLEY

NICOLA MONAGHAN

RICHARD GLOVER

Sam Bourton is an Associate Lecturer in Law and a PhD candidate at the University of the West of England, Bristol. She lectures on several under graduate and postgraduate modules including, Foundations for Law, the Law of Financial Crime and Regulation, and International Financial Crime. Her research focuses on the law of financial crime, particularly tax evasion and money laundering, and she has written several articles on these topics.

Caroline Collins is a Visiting Lecturer in Law at Kings College London. She has been teaching law since 1997 and specialises in criminal law and the law of evidence. Over the years, she has worked for various other universities and institutions as a Lecturer in Law and in other leadership roles, including; Birkbeck College, University of London, The Open University, Oxford Brookes University and London Metropolitan University. Her other interests include the law of theft and the law on corporate manslaughter.

Bill Davies is Head of Law at the School of Law, University of Worcester, which is a position he has held since the School of Law was established in 2016. Previously, Bill was Principal Lecturer in Corporate Law at the University of Greenwich where he was also the LLB Programme Director. Bills teaching and research interests include Company Law, Banking Law and Commercial Law. Prior to Bills career in academia, he was a professional violinist and played in the West End production of