A poll on the website of CIFAS – a UK fraud prevention membership body – has suggested that most respondents consider that the most effective deterrent to fraud would be an increase in prosecution of fraudsters through the courts. When asked ‘What action would you like to see increased to prevent fraud?’ respondents were given a choice of three possible answers – based upon three of the most commonly cited measures that are currently available. From well over 250 individual responses, the results displayed a clear preference for prosecution through the criminal courts.
Percentage of respondents
Strip fraudsters of assets
36 per cent
Name and shame fraudsters
16 per cent
Prosecution through criminal courts
48 per cent.
CIFAS Communications Manager, Richard Hurley, says: “Under the terms of the Fraud Act 2006, legislation already exists which can result in convicted fraudsters being given sentences of several years. Pursuing a case through the criminal courts can be a costly and time-consuming exercise, however, which may explain why relatively few fraudsters are prosecuted through the criminal justice system. There are other options which might also be used as a deterrent and punishment.The naming and shaming of fraudsters through the press is one, as is the use of the civil courts to recover the funds that have been fraudulently obtained.”
In spite of these other options, the fact that just under a half of respondents wished to see greater use of criminal prosecution take place sends a clear message. Richard Hurley adds: “There is clearly a desire to see fraudsters answer for their criminal gains. People want to see a much stronger sign sent out to fraudsters: that, when they are caught, they will be prosecuted and strong, punitive measures will be taken. There is an appetite to see fraud tackled not just by improved safety protocols and extra steps being taken by individuals to protect themselves. The recent pledge from the Financial Conduct Authority to make the UK a ‘hostile place’ for financial criminals, and the Sentencing Council’s current consultation on fraud, bribery and money laundering offences, therefore, can help to ensure that tougher punitive measures become reality. Any perceived lack of punishment for a fraudster effectively sends the message that fraud is a risk free option. Victims of fraud, and those concerned by the levels of fraud being attempted and committed, clearly feel very differently and are looking for a much stronger stand to be taken.”
See more at: http://www.cifas.org.uk/prosecutefraudsterspoll#sthash.Li5QMnJY.dpuf
