DISASTERS PROVIDE OPPORTUNITIES FOR CRIMINALS
Already an increase in cybercrime
Every (major) disaster offers opportunities to criminals. The outbreak of Covid-19 has already resulted in increased levels of fraud such as cybercrime (for instance phishing scams, online payment fraud and online identity theft). Interpol is seeing an increase in counterfeit medical products, fraud and cybercrime. Although in most countries the courts will be available to handle emergency cases (including criminal cases), detecting and bringing criminals to justice has become more difficult. Incidentally, hate crimes are also on the rise.
There is every reason to be vigilant now. Because many people work from home, there is …
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RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
Recognition is usually not a problem
In the absence of an applicable treaty between foreign countries and the Dutch Caribbean, a judgment rendered by an international court from a country without a treaty will not be enforced by the courts of any Dutch Caribbean countries. In order to obtain a judgment which is enforceable in the Dutch Caribbean, the claim must be re-litigated before the court being sought to enforce the judgment.
Nevertheless, a judgment rendered by an international court without a treaty will, under current practice, be recognized by a Dutch Caribbean court:
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TRADE-BASED MONEY LAUNDERING
More Trade Transparency Units Needed
Smuggling and trade fraud are on the rise, according to Viêt Nam News (27 October 2015). The Telegraph reports that the authorities in China have arrested 21 people on suspicion of defrauding almost one million Chinese investors of 50bn yuan (£5.3 billion) after an online peer-to-peer lender turned out to be a giant Ponzi scheme (1 February 2016). Money laundering and fraud seem to be on the increase. Trade-Based Money Laundering (TBML) is one of the big threats facing us today.
According to Premium Times (21 December 2015; Read the rest »
OPPORTUNITIES TO MEET ME
Amsterdam, The Hague & Vienna
I am going to attend the following conferences:
I hope to meet many colleagues and others from all over the world.
Karel Frielink (Attorney/Lawyer, Partner)
(17 September 2015)
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FRAUD (part II)
Legal forms of fraud
The person who forges a diploma, agreement or identity document is guilty of a criminal offence. Although the concept of ‘fraud’ is only mentioned in relation to human trade in the Criminal Code of Curaçao, there are various offences which can have a relationship with fraud in the sense meant herein: forgery, embezzlement, swindle, (fraudulent) bankruptcy and bribery.
In civil-law relationships the doctrines such as breach of contract, wrongful act, misleading advertisement, error and deception come to mind. In addition, there are lots of other Acts with special provisions such as tax law. I will pass …
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FRAUD (part I)
Curaçao
Fraud is an everyday occurrence. It is of all times, and a phenomenon that happens in every country. In discussions about fraud (and corruption) in Curaçao you regularly see that people refer to other countries, in particular to the Netherlands, to downplay this phenomenon here somewhat. The small number of criminal prosecutions and convictions are often mentioned. In this connection it is often said that they are of ‘a political nature’. Sometimes it is even alleged that someone’s integrity can only be discussed when there is a criminal conviction. We can delude ourselves a lot!
In the event of …
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FRAUDNET – THE POWER OF ONE GLOBAL NETWORK
FraudNet in action
According to The Irish Times, lawyer Antenor Pereira Madruga Filho (a member of FraudNet) is hired by the Irish Government to represent it in a high-profile case involving a lawyer who fled Ireland in 2007 with debts of €80m. The lawyer was arrested in Brazil almost two years ago and has been held since in a prison (click here for the newspaper article). FraudNet Members are regularly in the news and you can read about some of them here.
FraudNet is a worldwide network of lawyers specialized in asset tracing and …
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KAREL FRIELINK NEW FRAUDNET MEMBER
Global network that can help victims
Karel Frielink has been appointed member of FraudNet for all six islands of the Dutch Antilles. FraudNet is a worldwide network of lawyers specialized in asset tracing and recovery. Set up in 2004 by the anti-crime arm of the International Chamber of Commerce, FraudNet currently numbers 70 members present in 62 countries, providing victims of fraud with the possibility of retaining the best asset recovery professionals in the targeted jurisdictions.
Following strict criteria set by its member-elected …
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ICC FRAUDNET
The leading specialist international network of fraud and asset recovery lawyers
Organized and operating under the auspices of the Commercial Crime Services of the International Chamber of Commerce (ICC), FraudNet is a 24/7 international rapid deployment force that pries open the vault of bank secrecy and helps victims locate and recover their stolen assets with the same cyber powered speed, stealth, reach and proficiency as the most sophisticated global fraud network.
Fraudsters meet their match in FraudNet’s experienced team of civil asset recovery lawyers, investigators and forensic accountants, who creatively wield their own sophisticated legal and investigative tools to trace …
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