Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Chapter 11 - Criminal law > Flashcards

Chapter 11 - Criminal law Flashcards

1
Q

What does the term money laundering cover?

A

Proceeds of crime turned into legit money

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does proceeds of crime mean?

A

Any assets which have been procured by a criminal act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the different money laundering offences under Proceeds of Crime Act (POCA) 2002?

A

Concealing criminal property

Use/control of criminal property

Acquiring/using/possessing criminal property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the Money Laundering Regulations 2017?

A

Set out prescriptive approach in the form of a firm-wide written risk assessment

Amendments in 2019

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who do sole traders report suspicions of money laundering to?

A

National crime agency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

If accountancy firms find discrepancies between of info about a customer what should they do?

A

Report to companies house

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are privelaged circumstances?

A

Limited to provision of legal advice and acting in respect of litigation

No ML report filed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the main offences of the Bribery Act 2010?

A

Bribing another person

Being bribed

Bribing a foreign official

Corporate failure to prevent a bribe

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does bribing another person entail?

A

Offering/promising/giving a financial offer/advantage to induce that person to perform an act improperly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the offence of being bribed?

A

Requesting/accepting/agreeing to receive financial offer/advantage to perform an act improperly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the offence of bribing a foreign public official?

A

Person offers/promises/gives financial offer/advantage to official/third party with official consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the offence of corporate failure to prevent a bribe?

A

Commercial organisation fails to stop employee from accepting bribe

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Who’s consent can institute proceedings under Bribery Act 2010?

A

Director of Public Prosecutions

Director of Serious Fraud Office

Director of Revenue and Customs Prosecutions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the max pen under Bribery Act 2010?

A

10 years imprisonment and/or unlimited fine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the offences punishable under Fraud Act 2006?

A

Fraud by false representation

Fraud by failing to disclose info

Fraud by abuse of position

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the max pen for fraud under Fraud Act 2006?

A

10 years imprisonment and an unlimited fine

17
Q

What are the controls that protect against cybercrime?

A

Firewalls

Secure settings

Malware protection

Patching

18
Q

What does the Computer Misuse Act 1990 aim to do?

A

Secure computer material against unauthorised access or modification

19
Q

What does the Computer Misuse Act make it illegal to do?

A

Obtain unauthorised access to computer material

Obtain unauthorised access with internet to commit offences

Making/obtaining/supplying articles for unauthorised access

20
Q

What is fraudulent trading?

A

Business conducted with intent to defraud creditors

21
Q

How is fraudulent trading punished?

A

Unlimited fine and/or imprisonment for up to 10 years under Companies Act 2006

22
Q

What is fraudulent trading based on case law?

A

Dishonesty must be present

Intent to defraud

23
Q

What are the punishments to directors found guilty of fraudulent trading?

A

Disqualification from being a directors for up to 15 years

24
Q

Does fraudulent trading carry civil liabilities?

A

Yes for knowing persons

25
Q

When does a civil offence apply?

A

Only in liquidation scenarios

26
Q

What is insider dealing governed by?

A

Criminal justice act 1993

27
Q

What is an offence in insider dealing?

A

Dealing in securities while in possession of inside info as an insider with price effect on the securities as a result of info

28
Q

What is the max pen for insider dealing?

A

7 years imprisonment and/or unlimited fine

29
Q

Is there an offence committed where info is disclosed as part of employment?

A

No

30
Q

What legislation protects whistleblowers?

A

Public interest disclosure act 1998

31
Q

What does the criminal finances act 2017 do?

A

Potentially makes companies criminally liable if involved in tax evasion of any form

32
Q

Is market abuse civil or criminal law?

A

Civil

33
Q

What is the accountancy sector fraud charter?

A

Voluntary agreement entered into by law enforcement agencies, pro supervisory bodies and government to deal with fraud

Law (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions