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COVID-19 & fraud— a risk assessment

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

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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