ACCA Qualification F4 - Corporate and Business Law (Fraudulent Behaviour) Mapa Mental sobre Fraudulent Behaviour, criado por Tim Mitchell em 30-11-2013.
Using inside info to deal
in price-affected securities
Encouraging others to deal
in price-affected securities
Disclosing inside information to
anyone other than in the proper
performance of the employment,
office or profession
Money Laundering
the process by which the proceeds of crime
are converted into assets which appear to
have a legal rather than an illegal source
Proceeds of Crime Act 2002
Offences
Laundering
to conceal, disguise,
convert, transfer, or
remove criminal
property from UK
concealing or disguising criminal property includes concealing
or disguising its nature, source, location, disposition, movement
or ownership, or any rights connected with it
'Criminal property' is defined as property
which the alleged offender knows (or
suspects) constitutes or represents
benefit from any criminal conduct
'Criminal conduct' is defined as conduct
that constitutes an offence in any part of
the UK or would constitute an offence in
the UK if it occurred there
Failure to report
failing to disclose knowledge or suspicion of money laundering where they
know or suspect, or have reasonable grounds for knowing or suspecting,
that another person is engaged in laundering the proceeds of crime
only relates to indiduals, such as accountants, who are
acting in the course of business in the regulated sector
required to make disclosure to MLRO within their
organisation, or to SOCA, as soon as is practicable
Tipping off
making a disclosure likely to prejudice
a money laundering investigation.
Penalties
Laundering
Prison (max 14y)
Failure to report/
Tipping off
prison (max 5y)
fine
3-stage process
Placement
initial disposal of proceeds of criminal activity into
apparently legitimate business activity or property
Layering
transfer of money from business to business, or
place to place, in order to conceal its initial source
Integration
culmination of previous procedure through which the moey
takes on the appearance of coming from a legitimate source
Market Abuse
Financial Services
and Markets Act 2000
behaviour in relation to any qualifying
investments; likely to be regarded as
falling below standard reasonably
expected of a person in that position
and falls into one of three categories:
based on information not generally available
which would be regarded as relevant in
regard to terms on which to deal
is likely to give a false or misleading
impression of market value
is regarded as likely to distort the market
Code of Market Conduct (FSA)
insider dealing
improper disclosure
misuse of
information
manipulating
transactions
manipulating
devices
dissemination
distortion/
misleading
behaviour
civil
Fraudulent
Trading
a Co's business is carried on with the intent to
defraud creditors or for any fraudulent purpose