Kilpatrick Townsend & Stockton LLP’s Post

Evidence plays a critical role in proceedings and particularly in #civilfraud litigation. It is often unlikely that a claimant will, from the outset, have at hand all the proof. How to obtain the right evidence? Read more: ”Gathering the right evidence - the key to successful fraud litigation in Poland” #assetrecovery #fraud #claims https://lnkd.in/dz9Rg9TQ

For the second time in a week or so it is our pleasure to highlight the FT’s Legal Correspondent Suzi Ring – this time on the Serious Fraud Office and its record on investigating/prosecuting white-collar crime and its limited ‘success’ in securing convictions on the back of deferred prosecution agreements, i.e. the pursuit of individual offenders who have been involved in the relevant corporate conduct. The SFO’s Director, Nick Ephgrave, was questioned this week by MPs on these issues. https://shorturl.at/jJ2Y8     The objectives outlined in the SFO’s five-year strategy, unveiled in April, emphasise the need to maintain and improve the skills of its workforce and to harness modern tech. This also includes addressing the disclosure issues that have troubled some recent SFO cases and preserving its credibility as an international law enforcement agency, as noted by the FT. The SFO will want to be as effective at law enforcement as its US counterpart, the DoJ, and improve its track record to seek to deter fraud and other white-collar crime and reinforce public confidence. Some of these objectives were espoused by the last Director, Lisa Osofsky, during her tenure between 2018 and August 2023; it remains to be seen whether or how quickly the handing over of the baton at the SFO will lead to the progress sought.   There are various reasons why the SFO should be highly motivated to improve its performance. It will be looking to take advantage of recent legislative provisions broadening UK corporate criminal liability for fraud and other offences by senior managers and the impending "failure to prevent fraud" offence (covered in our January article - link below) and also the broadening of the SFO’s pre-investigative powers. https://lnkd.in/eJaSkezr These developments provide the tools the SFO has said that it needs to equip it better to investigate/prosecute corporate and white-collar wrongdoing and they may well lead the SFO (and other prosecutors) to bring more corporations and related individuals (whose interests may well not align with the corporates) before the courts. This, after all, is the right way round: the SFO is still reeling from the ignominy of being sued by ENRC in relation to the astonishing saga involving international law firm, Dechert’s, now former partner, Neil Gerrard, who was found to have provided information to the SFO (in breach of duties to ENRC) to prompt them to commence investigating his client. The High Court also found that the SFO breached duties in obtaining this information.   The SFO can ill-afford another calamity like ENRC. Everyone with a stake in our financial and corporate infrastructure wants the SFO to succeed in deterring corporate crime and exposing it (and holding offenders to account) when it occurs, even if some of us are paid to ensure they do not occasionally get the wrong end of the stick. #SFO #seriousfraudoffice #fraud #whitecollar #corporatecrime #ECCTA 

Targeted, actionable information is especially critical in litigation. By working seamlessly with counsel, we support the interests of our clients and their legal strategies to protect their successes and reputation. #litigation #investigations https://loom.ly/XV-S6H4

As a general rule, pre-trial #discovery is not a recognised concept under Polish law. In order to obtain evidence in Polish civil proceedings, a party must first commence a civil claim. However, even after filing a civil claim, #disclosure duties remain very limited and disclosure requests can only target specific pieces of evidence. In contrast to civil proceedings, Polish #criminalproceedings offer wider investigatory measures allowing a claimant to obtain evidence at any stage of the investigation – for example, by requesting searches or the seizure of documents, data or assets. This means that, although the prosecution are the ones eventually deciding on the direction of criminal proceedings, often the best way for victims of fraud to gather and secure evidence is by filing a criminal complaint. #assetrecovery #fraud

LAWYERS GLOBALLY Legal profession used to be a noble, in the digital paperless age the legal profession is mostly around the world is turned into a white collar criminal organisation.We use extreme caution in choosing a lawyer or the Law Firm.

Appeals court judges shine light on Tish James’ monstrously stretched case against Trump Consumer protection law is designed to protect the public from unscrupulous business schemes. It was never intended to make state bureaucrats the arbiter of every transaction between private parties, much less sophisticated financial actors. An appeals court has recently scrutinized New York Attorney General Letitia James' civil fraud case against Donald Trump, labeling it as "monstrously stretched." The judges highlighted concerns regarding the legal basis of James' claims, which are rooted in a consumer protection law intended to safeguard the public from deceptive practices. Critics argue that the case appears politically motivated rather than grounded in legitimate legal concerns. James' pursuit of this case has drawn significant attention, with many questioning the appropriateness of using consumer protection statutes in this context. The judges' comments suggest that the case may lack the necessary legal foundation, raising doubts about its viability in court. As the legal battle unfolds, the implications of this scrutiny could have far-reaching effects on both James' reputation and Trump's ongoing legal challenges. The case continues to be a focal point in the broader discussion of political accountability and the use of legal mechanisms in political disputes. https://lnkd.in/ghQdd6Rr

Understanding the Legal Maxim "Fraus Est Celare Fraudem" In the intricate web of legal principles, there exists a maxim that resonates with profound implications for transparency and honesty in legal matters: "Fraus Est Celare Fraudem," meaning "to conceal a fraud is to commit a fraud." This aphorism encapsulates a fundamental tenet of law, emphasizing the gravity of attempting to hide or cover up fraudulent activities. What is Fraus Est Celare Fraudem? Fraus Est Celare Fraudem underscores the notion that concealing fraudulent actions compounds the wrongdoing, making one complicit in the original deception. It serves as a reminder that honesty and transparency are paramount in legal dealings, and any attempt to obscure the truth constitutes a perpetuation of fraud. Illustrations of Fraus Est Celare Fraudem This legal maxim finds application across various domains of law, from contract disputes to white-collar crimes. For instance, in contractual agreements, if one party engages in deceitful conduct during the formation or execution of a contract and then endeavors to conceal those actions, they are perpetuating fraud. Similarly, in mortgage-related scenarios involving deception, efforts to conceal fraudulent activities further exacerbate the wrongdoing, reinforcing the principle of "fraus est celare fraudem." Important Judgments: Several landmark cases have affirmed the significance of this maxim in legal jurisprudence. In Budhu Singh And Ors. vs The Board of Revenue and Anr. on 3 May, 1957, the petitioners' counsel contended that the terms "fraud, concealment, or misstatement of facts" in Section 12 of the Acquisition of Privileges Act pertain solely to the claimant's entitlement to a declaration under Section 6. Consequently, these matters must be addressed during the consideration of an application for cancellation. If this interpretation holds, it implies that the authorities do not possess exclusive jurisdiction over the question of tenancy. Similarly, in Venture Global vs. Satyam Computer Services Ltd., the Supreme Court ruled that concealing material facts from an arbitrator constituted fraud and could invalidate the arbitration award. Conclusion Basically, "Fraus Est Celare Fraudem" highlights the importance of honesty and transparency in legal matters. Deception undermines justice, so by embracing this principle, we strengthen the integrity of the legal system and promote fairness and truth. #EasyGST4U

White-collar crime cases in Arizona can be complex, involving intricate legal processes and serious implications. At Smith & Green, Attorneys At Law, P.L.L.C., we understand the importance of crafting a defense that addresses the unique challenges of your situation. Our approach involves a thorough review of the evidence, detailed investigations, and strategic legal arguments to ensure that your side is presented effectively. Facing charges can feel overwhelming, but you don’t have to go through it alone. Let us help you navigate the complexities of your case and protect your future. Reach out to us today for a consultation. https://lnkd.in/dkWYfCVJ #WhiteCollarDefense #ArizonaLaw #ProtectYourFuture #LegalGuidance #SmithGreenLaw

It's the classic chicken-or-egg dilemma: do more lawyers lead to increased litigation, or does a rise in litigation drive the demand for more lawyers? It's amusing how the article suggests that the rise in lawyers has led to more scandals—some might find that quite believable! :) Japan, once described by Time in 1983 as "a land without lawyers" with only 12,500 attorneys in private practice - roughly one for a population of 10,000 citizens, has experienced a dramatic shift. The legal profession has expanded significantly, with the number of lawyers now reaching 45,800, or roughly one for every 2,700 citizens. This surge reflects a nation that has moved away from its former non-litigious nature. As lawyer Yuji Miyazawa notes, the rise in attorney numbers has inevitably led to more scandals, suggesting that an increase in legal professionals has brought about a corresponding rise in legal conflicts and issues.