The traditional divide between civil and criminal enforcement is blurring, particularly in complex fraud cases. With public agencies overwhelmed and sophisticated fraud on the rise, commercial litigators are increasingly turning to criminal law tools to secure redress, recover assets, and apply pressure.

The growth of private prosecutions, the strategic use of freezing orders, and the overlapping reach of the Proceeds of Crime Act 2002 (“POCA”) are creating a hybrid approach to litigation that many commercial clients can no longer afford to ignore.

Decline of Public Enforcement and the Rise of the Private Prosecution

The growing use of private prosecutions does not represent a shift in legal principle, but rather a practical response to systemic delays and constraints in the criminal justice system.

The CPS and police across England and Wales are under significant and sustained pressure. Years of underfunding, staffing shortages, and rising case complexity, particularly in areas such as financial crime, cyber fraud, and crypto asset-related offences, have left many investigators and prosecutors overwhelmed. Even when serious frauds are reported with a clear evidential foundation, it is increasingly common for victims to be told that it is a civil matter, or that any decision to prosecute may take several years.

The courts are also under strain. Backlogs in the Magistrates’ and Crown Courts are now well-documented, with delays of 18 - 24 months not uncommon, even in serious cases. Public enforcement bodies are, by necessity, forced to prioritise cases involving violence, public safety, or matters of political urgency. For many commercial victims, particularly those in the private sector, this can result in the feeling of an absence of justice.

In such circumstances, the legal system provides a route forward. Under section 6(1) of the Prosecution of Offences Act 1985 (the “Act”), individuals and corporate entities may bring a private criminal prosecution in respect of wrongdoing. This can offer a valuable mechanism for holding fraudsters and other offenders to account, particularly where the evidential standard is met, and public authorities are overstretched and unable to act.

However, it is important to emphasise that private prosecutions do not operate in a vacuum. Under section 6(2) of the Act, the CPS retains the power to take over any private prosecution at any time. It may choose to continue, discontinue, or assume control of the case. The CPS will also intervene where it considers a prosecution to be abusive, vexatious, or improperly motivated.

In short, private prosecutions are not a means of circumventing public oversight. When properly brought, they are an important and valuable route to access the criminal justice system, but they must be pursued with integrity, evidential rigour, and in the public interest. Important risks remain. The Full Code Test must be satisfied, meaning there must be a realistic prospect of conviction, and it must also be in the public interest to prosecute.

Prosecutors bringing private cases are also subject to the same disclosure obligations as public authorities, including the duty to disclose material that may assist the defence or undermine the prosecution. Where a prosecution is improperly motivated or conducted unfairly, there is a real risk of proceedings being stayed for abuse of process or giving rise to a claim for malicious prosecution. Careful case preparation and oversight are essential to mitigate those risks.

https://insights.devonshires.com/post/102kpqb/frauds-new-frontline-why-civil-litigators-are-thinking-criminal

More than £106m was lost to romance fraud in the UK last year, as the number of victims continues to rise, new figures show.

According to data from the National Fraud Intelligence Bureau (NFIB), there has been a 9% increase in romance fraud reports in the past year, with 9,449 reports made in the 2024/25 financial year. On average, victims lost £11,222 each - proof of the emotionally devastating and financially ruinous impact of these crimes.

Romance fraud occurs when criminals make their victims think that they have met the perfect partner online - but they are using a fake profile to form relationship with them.

Romance fraudsters are masters of manipulation and go to great lengths to create a false reality. They provide information early on that seems harmless and normal, such as details about their home and work life. This information is then used later as evidence to support their story and makes any requests for money seem legitimate. Fraudsters can use Al to make their claims more realistic, including the use of Al-generated images or videos.

In reality, the fraudsters have groomed and manipulated their victim into believing that they are in a romantic relationship with them, and appeal to their good nature to give them money when they declare they need help These requests might be highly emotive, such as criminals claiming they need money for emergency medical care, or to pay for transport costs to visit the victim if they are overseas. They may even isolate their targets from family and friends so they do not seek help or advice.

https://crimestoppers-uk.org/news-media/news/2025/jun/romance-fraud-more-than-106m-lost-in-uk-last-year

The director of a company registered in Nottinghamshire has pleaded guilty in a £1m investment fraud case following a prosecution brought by the Financial Conduct Authority.

As sole director of Financial Trading Strategies Limited, John Burford promoted a paid-for subscription service through its website to offer daily trade alerts with investment advice, and the opportunity to invest in three self-named 'tramline' funds.

Burford took money from more than 100 investors and advised on and managed investments without FCA authorisation. He made in excess of £1m in the process, which he used to buy a property and fund his living expenses.

Burford repeatedly lied to investors about how much the funds were worth and hid the full extent of the losses he had incurred while trading.

He will be sentenced at a later date at Southwark Crown Court. The FCA will also seek confiscation orders to deprive him of his ill-gotten gains and return monies to investors.

Steve Smart, joint executive director of enforcement and market oversight at the FCA, said: "Mr Burford fleeced unwitting investors in order to enrich his life - not theirs.

"Identifying and disrupting criminals who abuse people's trust for their own gain is a top priority for the FCA."

https://www.insidermedia.com/news/midlands/nottinghamshire-director-pleads-guilty-in-1m-investment-fraud-case

More than 45 individuals being investigated in relation to widespread miscarriage of justice.

The police criminal inquiry into the Post Office Horizon IT scandal is investigating more than 45 individuals, with seven formally identified as main suspects.

The investigation, which the police described as unprecedented in size and scale, is the first to examine potential offences of perjury and perverting the course of justice by those who made “key decisions” on Post Office investigations and supporting prosecutions of branch-owner operators.

The police would not reveal the names of the seven suspects, but four of them have been interviewed. The number of formal suspects is expected to rise.

More than 900 post office operators were prosecuted by the Post Office between 1999 and 2015 because of faulty Horizon accounting software that made it look as though they had been committing fraud.

The scandal, widely considered to be the most widespread miscarriage of justice in UK history, was the subject of the critically acclaimed ITV drama Mr Bates vs The Post Office, which aired last year and thrust the scandal into the national spotlight.

The government introduced unprecedented legislation in March 2024 to exonerate people who had been wrongly prosecuted.

According to the latest official figures, just over £1bn has been paid out in compensation to more than 7,300 claimants across the four redress schemes up to 2 June.

https://www.theguardian.com/uk-news/2025/jun/27/police-identify-seven-as-main-suspects-in-post-office-horizon-scandal-inquiry

New figures from City of London Police, the National Lead Force for fraud, show that more than £106 million was lost to romance fraud in the UK last year, as the number of victims continues to rise.

In a bold move to raise awareness, City of London Police has launched a striking public campaign—taking over streets with romance-themed names to deliver hard-hitting messages where people least expect them.

Four iconic locations in the historic City of London —Love Lane, Rose Street, Honey Lane, and Bank—were chosen for their symbolic links to love and finance. Digital billboards along these streets were used to display targeted warnings to educate the public on the emotional manipulation and financial exploitation tactics used by romance fraudsters.

Data from the National Fraud Intelligence Bureau (NFIB) reveals a disturbing 9% increase in romance fraud reports in the past year, with 9,449 reports made in the 2024/25 financial year. On average, victims lost £11,222 each—proof of the emotionally devastating and financially ruinous impact of these crimes.

Detective Superintendent Oliver Little, from the Lead Force Operations Room at the City of London Police, said:

"Romance fraud isn’t just a financial crime—it’s a deeply personal betrayal that can leave lasting emotional scars. For the second consecutive year, male victims have slightly outnumbered females, challenging outdated stereotypes about who is affected by these scams.

“Despite this, stigma still surrounds romance fraud victims, often driven by misconceptions that they are foolish or lack judgment. In reality, criminals use sophisticated tactics to manipulate emotions and gain trust, making anyone vulnerable.

“We want to remind everyone that romance fraud can happen to anyone, regardless of gender or background. If something doesn’t feel right in an online relationship, take a step back, verify identities, and seek advice. Speaking up can not only protect yourself, but also help prevent others from falling victim and bring those responsible to justice."

Breaking outdated stereotypes, data reveals that—for the second consecutive year—male victims slightly outnumber female victims, challenging the misconception that romance fraud primarily targets elderly women. However, while more men reported cases, female victims tended to lose larger sums of money. This is likely due to the prolonged engagement with fraudsters, who manipulate emotions over extended periods.

The 50-59 age group experienced the highest financial losses, totalling £22,108,334. This demographic is particularly vulnerable as they often have greater financial resources, are still in the workforce, and may be experiencing personal life changes such as divorce, separation, or the loss of a partner, making them prime targets for fraudsters.

One key tactic used by scammers is ‘love bombing’, where fraudsters overwhelm victims with excessive affection, manipulation, and emotional control to create dependency. Intelligence gathered by City of London Police suggests that nearly twice as many female victims engaged with suspects for a year or more compared to males, indicating a reluctance to believe they’ve been deceived.

Romance fraud isn’t just about losing money—it’s about emotional betrayal, psychological harm, and the erosion of trust. City of London Police urges the public to question suspicious relationships, verify identities, and protect both their hearts and their bank accounts.

https://www.cityoflondon.police.uk/news/city-of-london/news/2025/june/a-wrong-turn-on-love-lane-city-of-london-police-take-over-city-streets-to-warn-of-the-dangers-of-romance-fraud-with-more-than-106-million-lost-in-the-last-year/

The Crown Prosecution Service’s (CPS) Spending Review settlement increases the organisation’s funding by more than 10% from 2026 to 2029.

The Attorney General Lord Hermer KC said:

"The criminal justice system was on the brink of collapse and courts in crisis after fourteen years of neglect. We need to make our streets safe again, while also rebuilding confidence in the system.

"That is why I welcome the Chancellor’s record investment into the future of CPS as part of the government’s Plan for Change to deliver safer streets and swifter justice.

This additional £96m for the Crown Prosecution Service will help protect victims by tackling the backlog, speeding up justice and unlocking digital developments through AI so we can keep dangerous offenders off our streets – and importantly, deliver a justice system that serves victims".

https://www.gov.uk/government/news/additional-96m-for-the-crown-prosecution-service

Victims of fraud and economic crime will be better protected through a funding boost outlined in the Spending Review for the Serious Fraud Office (SFO) as part of the government’s Plan for Change to cut crime and plan to invest in Britain’s renewal.

• Serious Fraud Office receives further investment to tackle serious economic
• Funding will be used to build the SFO’s intelligence function to intercept criminality earlier in complex cases
• Funding will be used to improve digital capabilities and streamline resources

More than £8 million of investment over the next three years will be spent on strengthening the SFO’s intelligence and information-gathering work and continuously expanding the agency’s use of technology to assist with disclosure.

The extra funding, which is in addition to the £9.3 million of funding announced in the Budget, will be used to bolster SFO’s intelligence capabilities so it can proactively  identify and progress the biggest and complex economic crimes.

https://www.gov.uk/government/news/government-commits-to-crackdown-on-fraud-bribery-and-corruption-with-further-investment

The latest UK fraud statistics put pressure on the UK government’s future Fraud Strategy to finally take decisive action

After a long period of complacency, it would appear that the world is finally waking up to the global crime wave which has steadily been growing unchecked for the past decade; according to research by the Global Anti Scam Alliance (GASA), in 2024 fraud against consumers alone (thus excluding frauds against businesses and the public sector) exceeded $1 trillion.

As an affluent, digitally enabled, English-speaking nation, the UK has been disproportionately exposed to this global crime wave – a threat which show no signs of abating. In April, the Office for National Statistics (ONS), noted that fraud had reached unprecedented levels in 2024 with an estimated 4.1 million incidents in England and Wales.

These statistics put paid to the previous government’s suggestion that their Fraud Strategy, launched in 2023 had been taking the fight back to the fraudsters. Indeed, the current government appear to recognise this with the UK government’s first ever Fraud Minister, Lord Hanson, announcing the intention to launch a new Fraud Strategy later this year at the recent Global Anti Scam Summit in London.

https://www.rusi.org/explore-our-research/publications/commentary/war-fraud-how-uk-can-step-21st-century-crime-wave

The union at the centre of Birmingham's crippling bin strike had a “pervasive fraud environment”, a leaked auditors’ report has concluded.

Global tax advisory firm BDO found there had been a culture at Unite that “did not challenge the appropriateness of transactions” and failed to ensure appropriate financial reporting.

It concluded “dominant personalities and a weak control environment facilitated opportunities to commit fraud” at the union.

The audit was ordered by general secretary Sharon Graham shortly after she entered her role in 2021 amid questions about accounting and spending on building a hotel and conference centre in Birmingham.

Its findings were presented to the union’s executive council on Friday.

https://uk.news.yahoo.com/union-centre-birmingham-bin-strike-131523810.html

Lucrative contracts were handed out by NHS managers in return for cash and gifts across the country.

Four men have been jailed in a £6m corruption and bribery probe at health boards across Scotland.

The group was charged following investigations into the awarding of lucrative NHS contracts to an Ayrshire–based telecommunications firm.

Adam Sharoudi, 41, and Gavin Brown, 48, ran Oricom Ltd, a firm that started from a garden shed and went on to secure major deals.

However, prosecutors said the contracts for the supply and maintenance of telecoms and video conferencing equipment broke the rules regarding financial wrongdoing in the tendering process.

https://news.stv.tv/scotland/four-men-jailed-over-6-5m-nhs-scotland-corruption-and-bribery