News & Analysis as of

Fraud Banks

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Ballard Spahr LLP

Defendant Challenges FDIC Enforcement Proceeding, Citing Jarkesy

Ballard Spahr LLP on

In one of the first tests of the implications of the Jarkesy decision for other federal regulatory agencies, an individual accused by the FDIC of participating in fraudulent loan activity is asking a federal judge to dismiss...more

BCLP

Navigating Legal Challenges In French Civil Fraud Cases: An In-depth Analysis

BCLP on

In recent years, banking fraud in France has surged, driven by advanced technology and the integration of payment methods and mobile banking. We do a deep dive into the legislation to help our clients stay informed and...more

Blake, Cassels & Graydon LLP

La CSC rejette le pourvoi : un cas de fraude grave est nécessaire pour refuser un paiement aux termes d’une lettre de crédit

Le 25 avril 2024, la Cour suprême du Canada (la « CSC ») a rejeté une demande d’autorisation d’en appeler d’une décision rendue récemment par la Cour d’appel de l’Alberta (la « CAA ») dans l’affaire Pacific Atlantic Pipeline...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Denies Leave Application – Strong Case of Fraud Required to Refuse Payment of Letter of Credit

On April 25, 2024, the Supreme Court of Canada (SCC) denied leave to appeal the recent ruling of the Alberta Court of Appeal (ABCA) in Pacific Atlantic Pipeline Construction Ltd v. Coastal GasLink Pipeline Ltd. (Decision). In...more

Orrick, Herrington & Sutcliffe LLP

Court of Chancery throws out suit against bank for alleged fraud

On April 16, in the Court of Chancery of the State of Delaware, a judge threw out a case with prejudice where a shareholder (the plaintiff) sued a bank but ultimately failed to show a “substantial likelihood of liability.”...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Rules To Tackle Authorised Push Payment Fraud

Authorised push payment (APP) fraud in the UK is the largest type of payment fraud, both in number of scams and value of losses. It involves a fraudster convincing someone to send a payment to a bank account that the...more

A&O Shearman

Our top ten enforcement takeaways from the FCA Business Plan 2024/25

A&O Shearman on

The UK Financial Conduct Authority (FCA) has published its business plan for 2024/25. Reducing and preventing financial crime, championing consumer needs and strengthening the UK’s position in global wholesale markets all...more

Hogan Lovells

Central Bank of Ireland consults on a modernised Consumer Protection Code

Hogan Lovells on

The Central Bank of Ireland (CBI) is consulting on changes to the Consumer Protection Code 2012 (Code). The proposals look to support effective consumer protection and reflect the changes taking place in financial services by...more

Conyers

Beyond the Betrayal: Navigating Strategies for Victims of APP Fraud

Conyers on

Authorised Push Payment (“APP”) fraud, where victims are tricked into authorising payments to fraudsters, resulted in losses of £485.2m in 2022 and is reported to have risen by 22% in 2023. With consumer protection laws...more

Robinson+Cole Data Privacy + Security Insider

OCC Semiannual Risk Perspective Identifies AI as “Emerging Risk”

The Office of the Controller of the Currency (OCC) issues a semiannual risk perspective report that “addresses key issues facing banks, focusing on those that pose threats to the safety and soundness of banks and their...more

Morgan Lewis - All Things FinReg

Regulation, Innovation, and Authentication: What’s on the Horizon for Fintechs in 2024

Financial services is perhaps the most regulated industry in the world, and the intersection between financial services, technology, and law remains a complicated and evolving space. A team of Morgan Lewis lawyers recently...more

Hogan Lovells

Where development, global crises, and whistleblowing converge - A look into the World Bank’s 2023 Sanction System’s Report

Hogan Lovells on

You get a hotline report that a project coordinator in an emerging market that you recently entered was awarded their contract based on a falsified experience. You begin investigation Desktop review and remote interviews...more

Hogan Lovells

Suspicion of fraud in unauthorised payment transactions: reporting to Bank of Italy

Hogan Lovells on

The Bank of Italy published instructions to be followed by PSPs in case refunds for unauthorised payment transactions are suspended for justified suspicion of fraud....more

Orrick, Herrington & Sutcliffe LLP

District Court grants summary judgement for bank in “spoofing” case

On September 29, the U.S. District Court for the Southern District of New York granted summary judgement on all claims in favor of the defendant bank, while denying summary judgement for the New Jersey-based plaintiff. The...more

Morrison & Foerster LLP

Customer Beware: UK Supreme Court Clarifies Banks’ Duties in respect of Fraudulent Payments

In the much-anticipated decision of Philipp v Barclays Bank UK PLC [2023] UKSC 25 (the “Decision”), the UK Supreme Court (the “Court”) rejected the contention that Barclays Bank UK Plc (the “Bank”) owed a duty to its customer...more

McDermott Will & Emery

The Quincecare Duty: A Victory for the Banks?

McDermott Will & Emery on

On 12 July 2023, the UK Supreme Court delivered a landmark decision on the so-called “Quincecare duty” owed by banks to their customers. In a unanimous judgment in favour of Barclays Bank, the UK’s highest Court held that...more

White & Case LLP

Landmark UK Supreme Court decision clarifies scope of banks’ so-called ‘Quincecare duty’

White & Case LLP on

In Philipp v Barclays Bank UK PLC, the UK Supreme Court has given unanimous judgment in favour of Barclays Bank, and provided clear guidance on the so-called ‘Quincecare duty’ owed by banks to their customers. White & Case...more

Hogan Lovells

New Resolution by the Brazilian Central Bank addresses the sharing of data regarding indications of fraud

Hogan Lovells on

On May 23, 2023, the Brazilian Central Bank (Banco Central do Brasil – “BACEN”), together with the National Monetary Council (Conselho Monetário Nacional – “CMN”), enacted Resolution No. 6 (the “Resolution”), which outlines...more

Williams Mullen

Between a Rock and a Hard Place: Elder Financial Abuse and the UCC

Williams Mullen on

The United States District Court for the Eastern District of Virginia recently affirmed a basic principle of deposit banking, which is that in the absence of an express agreement, a depository bank owes no duty to...more

Troutman Pepper

New York Law Requiring Grace Period for Use of Credit Card Rewards Points Goes Into Effect End of this Year

Troutman Pepper on

On December 10, 2023, New York General Business Law § 520-e requiring a grace period for the use of credit card rewards points will go into effect. Specifically, the legislation provides that if any credit card rewards...more

Guidepost Solutions LLC

[Webinar] The World Bank Group and Other Multilateral Development Bank Investigations in the Post Covid Pandemic Era - June 7th,...

As the Covid pandemic appears to be subsiding worldwide, the World Bank Group and its affiliated multilateral development banks may be ramping up their investigations of sanctionable practices including corruption, fraud, and...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights: V 3, Issue 5, May 2023

Survey Finds Small-Business Lending Fraud on Rise - “Lending fraud with small and midsize businesses has increased significantly over the last 12 months, and many financial institutions expect it to get worse, according to...more

Proskauer - Minding Your Business

Banks as Gatekeepers Against Fraud: Customer Protection and the So-Called Quincecare Duty in the UK

Who can be held responsible when a rogue actor directs payment from a company’s bank account? Unless discovered quickly, stolen funds are usually quickly spirited away from easy recovery. Victims of fraud therefore look for...more

Burr & Forman

Bank Liability for Business Email Compromises and Fraudulent Payments

Burr & Forman on

While at your place of business, you receive an email from a trusted source with an established vendor, notifying you that the vendor’s bank account information has changed. Do you note the change in your business records and...more

WilmerHale

United States V. Danske Bank: New Theory of Liability for Violation of US AML Standards

WilmerHale on

This Article discusses the recent plea agreement between the United States and Danske Bank. It argues that the Department of Justice has advanced a new and evolving theory of liability for foreign banks that access the U.S....more

158 Results
 / 
View per page
Page: of 7

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide