Management of Electronic Crime: Civil Aspects of Prevention and Containment
Published date | 01 March 1998 |
DOI | https://doi.org/10.1108/eb025863 |
Date | 01 March 1998 |
Pages | 53-62 |
Author | Amanda Ryding |
Subject Matter | Accounting & finance |
Journal of Financial Crime — Vol. 6 No. 1 — Crime Prevention
CRIME PREVENTION
Management of Electronic Crime: Civil Aspects of
Prevention and Containment
Amanda Ryding
The purpose of this paper is to identify a number
of civil considerations which may accompany elec-
tronic crime. Economic crime committed through
electronic means may give rise to potential civil
claims, both by any company caught up in the
crime and against that company, usually seeking
compensation for the loss and damage resulting
from the crime, particularly in circumstances
where it can be difficult to identify and locate the
perpetrator of the electronic crime.
For example, crimes involving the transfer of
funds (such as fraud or money laundering) can
give rise to the following civil actions in the
English courts:
— A claim
against
the company for breach of con-
structive trust, where it can be shown that the
company knowingly assisted in the wrongful
transfer of funds.
— A claim
against
the company for breach of con-
tract or negligence, brought by the customer.
— A claim by the company against the perpetrator
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