Gulf News

HOW UAE-BASED PERSONS CAN PROSECUTE IN UK

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There are numerous ways in which a private prosecutio­n may be brought by a UAE victim in the UK. These are but some:

With technology, much fraud is now committed from across the globe. Once the identity of the fraudster is discovered (although seemingly impossible, this can be achieved through disclosure orders), a prosecutio­n can be brought in the country in which the fraudster committed the crime, even if the victim is in the UAE.

In certain instances and with particular offences, the jurisdicti­on of the UK is broadened: fraud (and related offences), blackmail, false accounting, forgery and numerous other offences can be prosecuted where a “relevant event” occurs in England or Wales. It is immaterial that the person is a British citizen or whether they were in England and Wales at any such time.

This event could be an important meeting or a relevant transactio­n.

In December, a report by Muddy Waters published findings in relation to NMC Health in Abu Dhabi, which led to private investigat­ions that revealed significan­t fraud was committed. A crime may be prosecuted where a substantia­l part of the offence was committed in the UK. It is not necessary that the final act, or even the gist of the crime, occurred in the UK.

A person can be charged with money laundering offences where proceeds are laundered in the UK, even if the fraud was committed in the UAE or elsewhere.

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