News & Analysis as of

Fraud Hong Kong

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

Confronting and Mitigating Against Corruption

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Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more

BCLP

Foreign Illegality in Fraud Proceeds Arising From Underground Currency Exchange Arrangements: The Current State of The Law in Hong...

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This note considers the current state of the law in Hong Kong with respect to foreign illegality and whether it can set aside defences of bona fide purchaser for value without notice or change of position, in the context of...more

BakerHostetler

Weekly Blockchain Blog - April 2024 #5

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Hong Kong Approves Crypto ETFs; Crypto Security, Payments Products Launch - According to recent reports, the Hong Kong Securities and Futures Trading Commission has conditionally approved the launch of the first spot...more

Kohrman Jackson & Krantz LLP

Safeguarding Against the Rise of Deepfake Scams: What Employers and Employees Need to Know

A recent deepfake scam has rocked the financial landscape of Hong Kong, demonstrating the extreme lengths to which cybercriminals are willing to go to defraud unsuspecting victims. This sophisticated scheme, which saw...more

Conyers

King Bun Limited and Others v. Lau Man Sang, James and Others - Claim No. BVIHC (COM) 2017/086

Conyers on

Nov 2023 In August 2021, the BVI Commercial Court handed down judgment on liability in favour of the Claimants against seven directors of Vanway for carrying out a fraud on the minority shareholders, in selling the assets of...more

Skadden, Arps, Slate, Meagher & Flom LLP

JPEX Is Test Case for Hong Kong’s New Regulatory Regime for Virtual Asset Exchanges

Hong Kong regulators recently brought criminal enforcement actions against virtual asset trading platform JPEX and individuals associated with the platform. This case has become the first opportunity for local authorities to...more

BakerHostetler

Swiss Banks Launch Crypto Offerings; GAO Addresses SEC Crypto Bulletin; UK and Hong Kong Publish Crypto Guidance; DOJ and SEC...

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Swiss Banks Launch Tokenization Pilot, Crypto Custody and Trading Services - A recent press release announced a pilot by “SIX, the Swiss National Bank (SNB) and six commercial banks” that seeks “to test, in a live...more

Dorsey & Whitney LLP

Protecting Against Business Email Scams and Recovering Funds Wired to the United States

Dorsey & Whitney LLP on

“Business Email Compromise Scams” or “BEC scams” typically target companies that conduct wire transfers with entities abroad. For example, a fraudster may use an email address that is very similar to that of a business’s...more

Dorsey & Whitney LLP

Recent Trends in Wire Fraud Scams: Uncovering and Tackling the Latest Tactics in Hong Kong

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Wire fraud threats have been on the rise in recent years, with Hong Kong becoming a particularly attractive destination for fraudsters due to its status as a global financial hub. Criminals are using increasingly...more

Hogan Lovells

Refrozen - Hong Kong Court of Appeal confirms lawfulness of "letters of no consent" regime

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The Hong Kong Court of Appeal has overturned a first instance judgment that had held that the longstanding use of "letters of no consent" to preserve monies held in bank accounts suspected of harbouring the proceeds of crime,...more

BakerHostetler

White House Issues Statement on Crypto; Bitcoin ETF Rejected; OFAC Sanctions Public Keys; Regulators Address Digital Assets;...

BakerHostetler on

White House Addresses Crypto Risks; Blockchain Firm Wins Air Force Contract - The White House issued a statement last week briefly outlining the Biden administration’s road map to mitigate the risks of cryptocurrencies,...more

Hogan Lovells

Draft with care – Hong Kong court highlights the importance of proper pleadings

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The Hong Kong Court of First Instance case has denied declaratory and payment order relief sought by a company that had been the victim of cyber fraud because of issues with their pleadings. In the judgment, the Honourable...more

BCLP

Love’s Labour’s Lost?: Online love scam: Unjust enrichment and the defence of bona fide change of position

BCLP on

In a recent decision Luk Mei Suet Michelle v Afsafari Services Co Ltd and Others ([2022] HKDC 191, DCCJ 5593/2018, 23 February 2022), the Hong Kong District Court considered the applicability of the defence of bona fide...more

BCLP

Fraud cases: Hong Kong Court’s jurisdiction on the grant of vesting orders

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Regrettably, internet scams are on the rise in Hong Kong, consistent with the regrettable world trend. According to police, reports of cybercrimes in Hong Kong surged more than sevenfold during the past decade to 16,159...more

Hogan Lovells

Three in a row – victims' tool to recover cyber fraud funds affirmed in Hong Kong

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The Hong Kong court has reaffirmed its jurisdiction to grant vesting orders to assist victims of cyber fraud. The decision which is consistent with our recent success obtaining vesting orders for clients and two other 2021...more

A&O Shearman

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

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The SFC's latest annual and quarterly reports highlight the SFC's regulatory work since April 2019 and illustrate some key trends in its enforcement agenda. ...more

Hogan Lovells

Vesting orders: back in vogue? Let’s hope so

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Cyber fraud scams, typically involving fraudsters using spoofing / phishing tactics to bring about unlawful receipt of monies, have, unfortunately, been a mainstay in Hong Kong in recent years. As the fraudsters’ nefarious...more

BCLP

Recent Hong Kong Court decision on a bank’s liability on its employee’s fraudulent conducts

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What happens when a Bank’s customer loses money due to a fraud perpetrated by an employee of the Bank? What, if any, remedies does the defrauded customer have against the Bank?...more

Hogan Lovells

Global Accountants’ Liability Update – March 2021

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Recent regulatory and enforcement developments - Hong Kong - Court rules on disclosure of disciplinary decisions- Accountants and other professionals should not expect that disciplinary decisions against them will remain...more

Hogan Lovells

Partially relieved – Hong Kong court judgment highlights difficulties facing cyber fraud victims in seeking recovery

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The Hong Kong Court of First Instance in Edison Norge As v. BZZ Ltd [2021] HKCFI 135 has granted default judgment against email fraudsters whilst granting the declaratory relief applied for only in part. This decision...more

Hogan Lovells

To trace or not to trace? Hong Kong Court reiterates applicable tracing principles for obtaining a proprietary relief in email...

Hogan Lovells on

In a recent High Court decision, the court rejected the plaintiff's application for a declaration that the defendant (a first layer recipient) held the total amount of three transfers that were mistakenly made by the...more

Robins Kaplan LLP

Financial Daily Dose 12.03.2019 | Top Story: US Threatens Tariffs on French Goods Over New Digital Services Tax

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Because who wants a nice quiet December, right? Yesterday, the U.S. opened yet another trade war front by proposing retaliatory tariffs of up to 100% on a wide range of French imports after announcing that “it found France’s...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 14

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New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 13

Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Patterson Belknap Webb & Tyler LLP

Investor’s Relocation to New York after Structuring a Financing Deal in Hong Kong Does Not Provide a Basis for Suit Against Swiss...

In Ace Decade Holdings Ltd. v. UBS AG, No. 653316/2015, 2016 BL 413780 (N.Y. Sup. Ct. Dec. 7, 2016), Justice Eileen Bransten of the Commercial Division dismissed a $500 million fraud suit brought by an investment holding...more

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