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344 An HR Guide to Workplace Fraud and Criminal Behaviour

OFFSHORE TRANSFER for goods or services. We can pay it and
you will save the tax. We can think about
In a recent merger, one of the negotiators formally transferring the shares later.’ What
suggested that he could pay the seller for he really meant was if the victim transferred
his shares through an offshore tax haven. his voting rights through an illegal deal he
‘We do not even have to describe the would never be able to enforce the debt and
transaction as a share sale. If you set up thus would lose everything.
an offshore vehicle, you can transfer the
voting and dividend rights in the shares
to us and then invoice my offshore vehicle

Agree to anything illegal and your rights of recovery go out of the window.
There is no such thing as a free lunch

The victim may be sexually compromised or led astray in other ways: again the conman’s
objective is to deprive the victim of his rights of redress. This is sad, but true, of many achieve-
ment lies.

Never compromise your own position

The higher-level conmen often retain superb legal advisers who will go on the attack im-
mediately a victim starts to complain. In a process known as ‘papering’ they flood everyone
with threats, letters before action, injunctions, writs, complaints, summonses and subpoenas
as diversionary tactics. Conmen know they can outrun their victims in terms of legal costs,
especially when they don’t intend to pay them.

Conmen often sting reputable lawyers for their fees: this is the ultimate irony

Conmen seem to have no difficulty convincing very reputable people and pillars of society
to join the boards of their companies or back their schemes. The names of worthy citizens
are used to add credibility – and to provide a ‘front’ – for very shaky deals. Thus the fact that
the conman has retained the best lawyers, accountants and advisers and is surrounded by
dignitaries means nothing, since it is likely that they have all been deceived. Once one victim
or sycophant has been conned, he will be used as a reference or ‘bait’ for others.