Fraudulent Transfer in UK Law
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The hiding of wealth: organised crime in Japan
Introduces the subject of asset concealment by remarking that hiding wealth derived from organised crime is common in East Asia, and can involve tax evasion, money laundering and bankruptcy. Review...... ... Another type of act in the section, namely`disguised transfer of assets' has been understood asa dierent type of `concealment' and ... charged with the oence of causingbankruptcy by a debtor's fraudulent act.33CONCLUSIONThis has been the overview of the relationshipbetween ... ...
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The use of anti-money laundering tools to regulate Ponzi and other fraudulent investment schemes
Purpose: The purpose of this paper is to explore dynamic issues relating to Ponzi and other fraudulent investment schemes to demonstrate how scammers convince victims of investment opportunities th...... ... “opportunity” to share in a percentage of millions of dollars that the author – a self-proclaimed governmentofcial – is trying to transfer out of his country. This article assesses the possibility of using anti-moneylaundering regulatory tools such as a “risk based approach” and ... ...
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Offshore Asset Protection Trusts: Tax Planning or Tax Fraud?
For someone seeking to place his assets out of the reach of creditors, Offshore Asset Protection Trusts (OAPTs) offer the potential settlor secrecy, control, choice of law and jurisdiction, and fav...... ... present, these cred-itors may have a claim against him for fraudulent transfer. A fraudulent transfer is made when the trust settlor transfers ... ...
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The problem of “white noise”: examining current prevention approaches to online fraud
Purpose: The purpose of this paper is to examine the current prevention messages that exist surrounding the prevention of online fraud. In particular, it focuses on the amount and level of detail t...... ... and level of detail thatis promoted for each type of potential fraudulent approach.Design/methodology/approach – Multiple data sources are used to ... of existing prevention messages to focus moreimportantly on the transfer of money and the protection of personal information.Originality/value – ... ...
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THE IMPORTANCE OF CHOICE OF LAW AND FINALITY TO PvP, NETTING AND COLLATERAL ARRANGEMENTS
The authors argue that two of the significant legal issues that must be solved if cross‐border payment versus payment, netting and collateral arrangements are to achieve their full potential involv...... ... and duties and those of third parties; and - second, each payment transfer, net-ting event and security interest must achieve a sufficient degree of ... as the following: - zero-hour bankruptcy rules - bankruptcy or fraudulent transfer doctrines that allow or require cer-tain classes of preferential, ... ...
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Money laundering and asset cloaking techniques
Purpose: The purpose of this paper is to explore the various typologies and methods used to cloak assets following the placement stage of money laundering. Design/methodology/approach: Techniques ...... ... to facilitateestate planning, premarital planning, wealth transfer or tax reduction strategies(Nenno, 2006). In the domestic context however, ... forthe benefit of the person settling the trust; similarly, a fraudulent transfer to a trust willbe set aside. A domestic trust arrangement can ... ...
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Recent Judicial Decisions
... ... , LJ, did not find a valid chose in action created by the fraudulent transfer of accounts in Kuwait. He dealt also with the suggestion ... ...
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US CONSIDERATIONS RESPECTING FINANCIAL INSTITUTION INSOLVENCY
This paper first generally discusses United States bank liquidations under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), and addresses the purposes and impact up...... ... In order for the FDIC to transfer assets and liabilities to the bridge bank, the FDIC was required to obtain ... also allows a foreign repre-sentative to avoid preferential or fraudulent transfers.62 It has been held, however, that such preferential or ... ...
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Piercing the Corporate Veil: Shareholder Liability for Corporate Torts
... ... Successor lia bility is akin to fraudulent conveyance, which is discussed below. A more extensiv e concept of ... For instance, under the transfer of undertakings Directive, if a business is sold, the employment ... ...
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Management of Electronic Crime: Civil Aspects of Prevention and Containment
The purpose of this paper is to identify a number of civil considerations which may accompany electronic crime. Economic crime committed through electronic means may give rise to potential civil cl...... ... For example, crimes involving the transfer of funds (such as fraud or money laundering) can give rise to the ... company if it can be shown that it knowingly assisted in the fraudulent electronic transaction.3 Breach of contract/mandate with the customer ... ...
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