Module Description

The aim of the module is to establish students’ knowledge and critical understanding of fraud corruption and money laundering laws nationally and globally, by encouraging and enabling them to:

• examine the functions of fraud corruption and money laundering laws
• examine the historical and economic development of fraud corruption and money laundering related laws
• contrast differing legal approaches to the proceeds and instruments of crime
• understand the differences between the use of forfeiture and confiscation
• apply the rules to specific issues or fact situations
• develop a critical understanding of the relationships between civil and criminal law in the context of fraud corruption and money laundering
• explore the use and development of money laundering laws
• understand the globalisation in this area, and the significance of these developments for tax havens
• develop preferences and propose solutions to current problems.

Module topics

Section A: Fraud

• Types of fraud
• The regulatory/supervisory institutions
• The mode of criminal prosecution
• Criminal offences of commercial fraud
• Civil remedies

Section B: Corruption Law

• Economics of corruption
• History of corruption law
• Corruption and development
• Transparency
• International Instruments

Section C: Money Laundering I

• History and theory of confiscation, forfeiture and criminal laundering
• Economics of laundering
• The international dimension: The EU, UN, Financial Action Task Force, international mutual assistance
• Confiscation
• Civil recovery
• Taxation
• Procedure

Section D: Money Laundering II

• The regulatory framework
• MLR and the regulated sector
• Legal professional privilege
• The FSA

Applicable Groupings

• Group A - LLM in Banking and Finance Law
• Group B - LLM in Commercial and Corporate Law
• Group J - LLM in International Business Law
• Group N - LLM in Public International Law

Mode of Assessment

3 hour written examination paper