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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

1. Introduction: English Criminal Process; Defining Financial Crime; Values

2. Distinctive investigation and prosecution of financial crime: the Serious Fraud Office, FCA and other Agencies

3. Corporate Criminal Liability and its Reform

4. Organised Crime and the Serious Crime Acts 2007 and 2015

Selected Offences

5. Standards of (Dis)honesty

6. Fraud

7. Conspiracy to Defraud

8. Bribery and Corruption

9. Money Laundering

10. Insider Dealing

Procedural Challenges 

11. Disclosure (in a digital world)

12. Jurisdiction and extraterritoriality

13. Jury Trial in Complex Fraud

14. Legal Professional Privilege

15. Impacts of technology on evidence and crime definitions 

16. Ethical challenges for professionals

Outcomes Remedies and Disposals

17. Deferred Prosecution Agreements and Other Disposals

18. Confiscation (I)

19. Confiscation (II)

20. 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