Paper 4

LAW RELATED TO FRAUD

This paper is intended to equip the candidate with knowledge, skills and attitudes that will enable him/her to apply the laws related to fraud and investigations.

On completion, a candidate should be able to

Apply the various laws related to fraud and corruption
Identify the various fraudulent, corrupt and white collar offences as defined as by the law
Explore the relationship between fraud and corruption
Classify fraud/corruption schemes into legal categories and the related legal elements

Content

1
Introduction to fraud
1. 1.1
  Legal definition of corruption, fraud and white collar crime
2. 1.2
  Perpetrators of fraud/corruption and white collar crime
3. 1.3
  Social and economic effects of fraud and corruption
4. 1.4
  Legal and justice challenges of fraud and corruption
2
Principal categories of fraud/corruption and the legal elements
1. 2.1
  Fraudulent misrepresentation of material facts (false pretences)
2. 2.2
  Negligent misrepresentation
3. 2.3
  Concealment of material facts
4. 2.4
  Bribery
5. 2.5
  Illegal gratuity
6. 2.6
  Economic extortion
7. 2.7
  Conflict of interest
8. 2.8
  Forgery
9. 2.9
  Theft of money or property
10. 2.10
  Breach of Contract
11. 2.11
  Breach of fiduciary duty
12. 2.12
  Gross negligence
13. 2.13
  Conspiracy
14. 2.14
  Obstruction of justice
15. 2.15
  Perjury
16. 2.16
  False claims and statements to government or government agencies
3
Corruption offences
1. 3.1
  Bribery/ kickbacks
2. 3.2
  Conflict of interest
3. 3.3
  Abuse of office
4
Economic crime offences
1. 4.1
  Money Laundering and Terrorist Financing
2. 4.2
  Abuse of office
3. 4.3
  Tax Evasion
4. 4.4
  Bankruptcy/Insolvency Fraud
5. 4.5
  Securities Fraud
5
Anti- corruption courts
1. 5.1
  Parties in Anti-Corruption Court
2. 5.2
  Fraud and corruption criminal trials
3. 5.3
  Fraud and corruption civil trials
6
Laws/Statutes and offences related to fraud and corruption
1. 6.1
  Penal Code
2. 6.2
  Anti-Corruption and Economic Crimes Act
3. 6.3
  Leadership and Integrity Act
4. 6.4
  Bribery Act 2016
5. 6.5
  Public Procurement and Assets Disposal Act 2015
6. 6.6
  Proceeds of Crime and Anti Money Laundering Act (POCAMLA) and Regulations
7. 6.7
  Controller of Budget Act
8. 6.8
  Public Finance Management Act
9. 6.9
  Leadership and Integrity Act
10. 6.10
  Tax Act
11. 6.11
  Securities Act and Regulations
7
International initiatives against corruption
1. 7.1
  Organisation of Economic Corporation Development
2. 7.2
  United Nations Convention