On 2 November 2021, news broke that a 6-year investigation in Switzerland has culminated in Sepp Blatter (ex-FIFA president) and Michel Platini (ex-UEFA President) being charged with fraud and other offences relating to a controversial payment of 2m Swiss francs (circa £1.35m).
Following Charity Fraud Awareness Week 2021 [1] , we felt it important to provide guidance about the role of Charity Trustees. A trustee of a charity is a custodian of that charity and legally responsible for the proper use of charity funds. They have legal duties under charity law to safeguard charity assets. In circumstances where the charity sector is seeing an increase in fraud, it is therefore, becoming even more essential for trustees to take steps to protect their charity and its assets from fraud.
In a recent article for CICM magazine, Tenet founder – Arun Chauhan discussed the impact of fraud on creditworthiness and liquidity. In that article, Arun also assessed the factors contributing to an increased risk of fraud during the pandemic. Indeed, the key factor driving an individual to commit fraud is pressure, and there has certainly been enough of that felt both during the pandemic and beyond. At a time when many financial schemes are coming to an end, and the UK is facing an uncertain winter with increased household bills and cuts to universal credit, what can businesses do to protect themselves from fraud?
New Food has published an article by Tenet in which Arun Chauhan and Esther Phillips analyse the legal issues behind the recent Subway fake tuna scandal. Tenet considers the factual basis of the claim, the limitations of DNA testing, the requirements of bringing a fraudulent misrepresentation claim in the UK and the wider impact of this case on the food industry.
Welcome to the first edition of our bi-monthly newsletter – specifically focused on the prevention and protection against fraud for the food sector. As a professional within the food industry you will be aware of the growing concern and complexity of law around adulterated food and the impact this is having on both businesses and consumers. In each issue we provide articles to assist with your fraud prevention planning, advice on protecting brand integrity and recommendations to improve quality control – all from a legal perspective. While you are welcome to unsubscribe at any time we hope you will look forward to our monthly newsletters where we share our legal insight and experiences on the issues currently affecting our clients in your market.
On 6 July 2021, judgment was handed down sealing victory for our clients in what has been a long and drawn-out legal battle against an individual who sought to defraud them causing loss of over £1m. The judgment confirms that the Defendant was “…wilfully and deliberately dishonest.” In this second article we discuss how we were able to unravel the fraud and construct a successful claim for fraudulent misrepresentation…
On 6 July 2021, judgment was handed down sealing victory for our clients in what has been a long and drawn-out legal battle against an individual who sought to defraud them causing loss of over £1m. The judgment confirms that the Defendant was “…wilfully and deliberately dishonest.” In the first of two articles discussing the case, we assess how the Defendant committed an almost perfect fraud…
Tenet has recently achieved success for its clients in the Central London County Court in respect of a claim for fraudulent misrepresentation against the authors of a highly inflated valuation of a well-known business coaching company, in which our clients were persuaded to invest.
Over the coming weeks we will be publishing a two-part article discussing this case in more detail as it was a well-planned approach by the defendants to distance themselves from responsibility whilst also creating a number of other commercial and practical factors in the way of the claimants. Our two-part article shall also look at the lessons which can be taken from it to try and help people avoid being caught by a similar situation.
However, in the meantime, we are keen to share our success and that of our clients, for which this has been a long and drawn-out battle for justice.
On 23rd June 2021, it was World Whistleblowing Day. There is much to celebrate with a noticeable shift in global attitudes towards whistleblowing and those who lift the lid on criminal or unethical conduct thanks to movements such as the #MeToo movement. However, in an online poll conducted by Tenet Compliance & Litigation, an incredible 93% of respondents stated that they still thought becoming a whistleblower would impact their career. So, what is it about whistleblowing that makes people so fearful?
There is no “one size fits all” when it comes to ways to argue and seek the Court’s assistance in fraud claims. This is largely due to the fact that the umbrella term “fraud” covers a wide variety of possible causes of action and different remedies available depending upon the nature of the claim itself. This broad menu of both causes of action and remedies allows the courts to be flexible in terms of the way that fraud is dealt with.
Indeed, where there is a pleading of fraud there is often a greater scope for recoverable damages and the courts may take a more expansive approach to loss. Two recent cases provide clarity on common remedies in fraud, namely damages for fraudulent misrepresentation and an account of profits.