Understanding International Criminal and Civil Fraud Overlaps
Explore the international dimension of criminal and civil fraud, including extradition, INTERPOL issues, foreign law enforcement agencies, procedural options, and information acquisition by foreign authorities.
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Presentation Transcript
Criminal and civil fraud: the international dimension Alison Macdonald QC
Introduction What kind of civil / criminal overlaps are we talking about? Why do these overlaps arise so often? England as a commercial hub / centre of dispute resolution Popularity of English law English law principles on forum
Issue 1: Extradition Types of cases where extradition overlaps with other proceedings Practical considerations where an extradition request may come Tactical considerations once a request has been served
Issue 2: INTERPOL Practical issues that arise where there may be a Red Notice How to find out whether there is one Options for getting the notice removed
Issue 3: Foreign law enforcement agencies in the background Sorts of cases in which this arises; risk of self incrimination (e.g. due to wide extraterritorial effect of US legislation)
Procedural options which may need to be considered include: Anonymisation of witnesses Witness summaries rather than statements Giving evidence in private Confidentiality clubs in relation to documents
How can the foreign authorities obtain information? MLA requests Overseas Production Orders
