Friday, February 20, 2009

Law - accessories and recipients of stolen money

It is a rare case of large scale corporate fraud where there is only 1 person involved. Often the mastermind finds friends or relatives to participate in his criminal enterprise.

There are basically 2 types of assistants in the criminal enterprise - those who assist in the fraud and those who only receive the stolen monies. Civil law as opposed to criminal law, uses the term "constructive trustees" for these 2 types.

The first type of constructive trustees are those who well aware of the fraud, help in the planning or execution of it. They are known in law as constructive trustees by knowing assistance. The second type of constructive trustees are more passive in that they only receive the ill-gotten gains. Often, the mastermind uses their bank accounts to hide some of the stolen monies in order to avoid arousing suspicions if his own bank account has abnormally large sums of money.

Both types of constructive trustees can be sued by the company victim in order to recover its losses. This area of constructive trust is a branch of equity law.

No comments:

Post a Comment