CFF21 LAW RELATED TO FRAUD

PAPER NO.4  LAW RELATED TO FRAUD

UNIT DESCRIPTION

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.

LEARNING OUTCOMES

A candidate who passes this paper 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 Legal definition of corruption, fraud and white collar crime
1.2 Perpetrators of fraud/corruption and white collar crime
1.3 Social and economic effects of fraud and corruption
1.4 Legal and justice challenges of fraud and corruption

2. Principal categories of fraud/corruption and the legal elements

2.1 Fraudulent misrepresentation of material facts (false pretences)
2.2 Negligent misrepresentation
2.3 Concealment of material facts
2.4 Bribery
2.5 Illegal gratuity
2.6 Economic extortion
2.7 Conflict of interest
2.8 Forgery
2.9 Theft of money or property
2.10 Breach of Contract
2.11 Breach of fiduciary duty
2.12 Gross negligence
2.13 Conspiracy
2.14 Obstruction of justice
2.15 Perjury
2.16 False claims and statements to government or government agencies

3. Corruption offences

3.1 Bribery/ kickbacks
3.2 Conflict of interest
3.3 Abuse of office
4. Economic crime offences
4.1 Money Laundering and Terrorist Financing
4.2 Abuse of office
4.3 Tax Evasion
4.4 Bankruptcy/Insolvency Fraud
4.5 Securities Fraud

5. Anti- corruption courts

5.1 Parties in Anti-Corruption Court
5.2 Fraud and corruption criminal trials
5.3 Fraud and corruption civil trials

6. Laws/Statutes and offences related to fraud and corruption

6.1 Penal Code
6.2 Anti-Corruption and Economic Crimes Act
6.3 Leadership and Integrity Act
6.4 Bribery Act 2016
6.5 Public Procurement and Assets Disposal Act 2015
6.6 Proceeds of Crime and Anti Money Laundering Act (POCAMLA) and Regulations
6.7 Controller of Budget Act
6.8 Public Finance Management Act
6.9 Leadership and Integrity Act
6.10 Tax Act
6.11 Securities Act and Regulations

7. International initiatives against corruption

7.1 Organisation of Economic Corporation Development
7.2 United Nations Convention

Sample reading and reference materials

1. Association of Certified Fraud Examiners. (2021). 2021 Fraud Examiners Manual. Texas:
Association of Certified Fraud Examiners.
2. Grant, T., & Mumford, D. (2018). Civil Fraud: Law, Practice and Procedure. Sweet and
Maxwell
3. Kasneb e-learning resources (link on the kasneb website).
4. Kasneb approved study packs.