Task 1. Read the text. 5 страница

of Session) makes most appointments where a lawyer chairman or member is

required.

In many tribunal jurisdictions, a two-tier system operates with an initial right of appeal to a lower tribunal and a final right of appeal, usually on a point of law, to a higher tribunal. Appeals on a point of law only from some of the higher tribunals may be made to the High Court in England and Wales, to the Court of Session in Scotland, and to the Court of Appeal in Northern Ireland. There are a few exceptions including, for example, immigration appeals where there is no right of appeal directly from the Immigration Appeals Tribunal to the courts.

The Council on Tribunals (an independent body established in 1958) exercises general supervision over most tribunals, advising on draft legislation and rules of procedure, monitoring their activities and reporting on particular matters. A Scottish Committee of the Council exercises the same function in Scotland. The Council has a similar responsibility with regard to public inquires.

For advanced students.

Read the text and match the underlined expressions with the definitions below.

Lenny The Launderer

People say that crime doesn't pay, yet Lenny Rowlands' "career" in crime has given him a lifestyle many would envy. He is currently in the Ratonga Islands, living (i) the life of Riley on the proceeds of his (2) ill-gotten gains. Lenny was released from a prison last year, having served a (3) long stretch. Being (4) banged up was no punishment for Lenny, who used the opportunity to expand his contacts in the (5) under world.

For many years Lenny had led (6) a double life: on the surface a respectable antiques dealer, whose job was the perfect (7) cover for a secret career of (8) laundering money through the purchase and sale of expensive foreign antiques. He was also a (9) fence, selling stolen furniture, silver and paintings through his antique shop in London's East End.

Ten years ago Lenny's jealous partner, Samuel Drake, (10) Blew the whistle on

him. Lenny attempted a (11) moonlight flit but was arrested at Heathrow airport. Although he hadn't suspected that Drake was a (12) grass. Lenny had already taken the precaution of setting aside large sums to build up a (13) nest-egg in a secret foreign bank account.

At his trial Lenny (14) turned Queen's evidence and revealed many of his criminal contacts, resulting in a shorter sentence than many expected. Once he was released and out of the country, Lenny was able to (15) get his hands on his secret nest-egg: funds which have enabled him to retire to a life of luxury in his tropical paradise.

A. imprisoned

B. expose somebody as a criminal, revealed a wrong-doing

C. obtain

D- an extravagant, fun-filled life of pleasure

E disguising money earned from a crime as legitimately earned money by using it in a business or trade

F. the secret world of criminals

G. an amount of money stored away for future use

H. sudden, surprise departure

T. an informer, someone who reveals secrets to the police or the authorities for personal gam or as revenge

J money gained from crime or unethical behaviour

К job, company or situation disguising criminal secret activity

L lengthy prison sentence

M. gave evidence for the prosecution in a criminal case in which one was also a suspect, in exchange for a more lenient sentence or other benefit

N. person who buys stolen items from criminals to sell them to the public

O, dual existence, one public and other secret

You are a judge. Read the information about a criminal who has just been found guilty of robbery in your court. Write down the punishment you would impose on him and explain your reasons using no more than 150 words.

NAME: Dominic Renton AGE: 29

BACKGROUND: Renton is a widower with two small children. His profession is bricklaying but he has been unable to find a job for the last eight months due to a back injury he sustained in the car accident in which his wife was killed. He has no previous convictions.

CRIME: Three months ago Renton walked into a petrol station wearing a stocking over his face and carrying a kitchen knife. He threatened the cashier with the i knife and demanded the contents of the cash machine. When she refused, he held the knife to her throat, causing her to faint from fear, although she was not physically harmed. He then forced the cash machine open and stole.17,000 in cash. He was caught by the police two days later while he was using some of the stolen money to buy a bicycle for his seven-years-old son.

Read the following magazine article and complete the task which follows
THE POLITICS OF DEATH

One of the most striking differences between the United States and other advanced industrial countries is America's enthusiasm for execution. Over the past five years several rather unexpected countries - Cambodia, Haiti, Romania (admittedly after executing Nicolae Ceaucescu) and, the latest recruit, Namibia - have joined most of Western Europe and Latin America in abolishing the death penalty for ordinary criminal offences. Since 1976, when the Supreme Court re-established that the death penalty was constitutional, 13 American states have executed 121 people, and the number is on the rise. Most of the executions have been in the old South. But now California is poised for its first execution in 23 years.

In many countries besides America, public opinion strongly supports capital punishment - undeterred by the fact that no criminological study has ever been able to provide that it reduces crime. Recent surveys find 80% of Americans in favour, though the proportion drops when they are offered the alternative of a life imprisonment that genuinely means for life. Only once, in 1966 when there had been a lot of discussion on the ethics of capital punishment, did a Gallup poll find that American support for death as the punishment for murder had fallen below 50%. Surveys show similar results in other countries. The difference is that, in America, politicians are more likely to follow public opinion on this question, not try to change it. As Mr. Michael Dukakis found to his cost in 1988, voters equate opposition to the death penalty with being soft on crime, support for it with being tough. The 1990 election campaigns confirmed that this lesson was 35 well learnt: candidates indulged in ghoulish rivalry in support of execution.

Read the following questions and unfinished statements about the article. Choose the answer which fits best.

1. Why do you think the writer uses the word unexpected in line 4?
д. These countries have no crime.

B. These countries are not advanced industrial countries.

C. These countries do not have a very good record on human rights.

D. The writer does not think they should be referred to as countries.

2. In the countries mentioned in lines 5-8, the death penalty might be allowed for

A. murder.

B. ordinary criminal offences.
С non-violent crimes.

D. terrorist crimes.

и

3. In many countries public opinion supports capital punishment

A. even though it has never been proved to reduce - crime.

B. because it has never been proved to reduce crime.
С because it has been proved to reduce crime.

D. although it has been proved to reduce crime.

4. Fewer people would be in favour of capital punishment if

A. life imprisonment were an alternative.

B. life imprisonment really meant "for the rest of one"s life».

C. it was considered ethical.

D. public opinion polls showed a majority in favour of its abolition.

5. What is the difference between America and other countries on this issue?

A. In America, public opinion is totally different.

B. In America politicians are likely to try to change public opinion.

C. In America politicians are not likely to try to change public opinion.

D. In other countries politicians are not likely to try to change public opinion.

6. Voters in America think that politicians who support the death penalty are

A. tough on crime in general.

B. soft on crime in general.
С ghoulish.

D. tough on the death penalty.

This is a police report of a minor crime: Imagine that you are the victim of the crime. Write a letter to a friend describing what happened to you and your feelings about it..

POLICE REPORT

Nature of crime: mugging, burglary Place of crime: Winston Avenue, Norwich Date/time of crime: Thursday 9th October, 6.45-7.30 p.m. Victim: Ms N.Allen Description of crime: At 6.45 p.m. on the evening of Thursday 9th October Ms Allen was returning from work to her home at 79 Winston Avenue. She had left work at 5.30 p.m. and had stopped at the Fox and Goose public house in Market Street for a drink with a colleague. Ms Allen and her colleague had left the pub at 6.30 p.m. and Ms Allen had walked to the no. 13 bus at the end of Market Street. While awaiting the arrival of the bus, she noticed a group of three youths loitering on the corner. The youths started to approach her, and she started to walk in the opposite direction. The footsteps behind her accelerated and a youth of approximately 19 years of age stopped her and asked her the time. As Ms Allen stopped and looked at her watch the youth siezed her wrist, twisted her arm behind her back and forced her at knifepoint to surrender her hand bag and all her jewellery. The two accomplices were encouraging their friend at this point. After Ms Allen gave the youth her handbag and jewellery, the three quickly disappeared. Ms Allen was very shaken, but decided to walk to her home, a distance of approximately three miles, where she would alert the police. She arrived home at 7.40 p.m. to discover that her fiat had been hurriedly burgled, clearly by the muggers who had found Ms Allen's keys and address in her handbag. Ms Allen claims that her handbag contained J65 in cash and the usual credit cards and cheque book, and that two necklaces, several pairs of earrings, a camera and a portable CD player were stolen from her flat. Reporting Officer: T G Lennox.

Law and Money Laundering in Russia TEXT

Outflow of Capital

During the period of Russia's transition from a centrally planned economy to a market economy, the opportunities to launder money appear to be limitless. Despite what is written in the media and debated in international fora, Russian law enforcement statistics do not support the thesis that criminally derived proceeds from abroad are entering Russia and subsequently laundered. This also holds true

foreign proceeds from drug or arms trafficking, and the sale of nuclear materials.

Russian officials admit that mechanisms to detect and measure money laundering

are lacking or could be improved,' but the general consensus is that foreign funds

are not laundered in Russia. The country does, however, remain vulnerable to

money laundering, given the current legal and economic conditions.

What is happening is a massive outflow of capital from Russia. These proceeds range from criminally-derived funds from commonplace offenses to the misappropriation of state assets through embezzlement, theft, and corruption. This money is legalized in Russia and eventually sent abroad, primarily to Western countries for laundering and safekeeping.

Funds leaving Russia to be legalized abroad consist of a combination of assets from the proceeds of predicate offenses stipulated by criminal codes and proceeds that are illegally transferred out of Russia, commonly referred to as «gray money». Examples of this include corporate, private, and official funds sent to foreign accounts to evade hard currency restrictions, taxation, or detection:

These types of illegal proceeds include more than those generated by organized crime. Instances of embezzlement by individuals in positions allowing' access to either private or public funds also occur; these proceeds are likewise sent abroad. The proceeds ultimately return to Russia in the form of cash, goods, services, and equipment. Those remaining in Russia are used for operational expenses in furtherance of the criminal enterprise.

Russian officials estimate that during the years 1992 and 1993, assets valued at four trillion roubles were stolen from the sale. At the nominal exchange rate of $1.00 = R200.00 during this period, the equivalent losses incurred in U.S. dollars were $20 billion. According to Russian government estimates, approximately $100 billion of funds attributed to Russian sources lie outside the country in foreign banks. Approximately $30-40 billion of this sum is capital from tax and customs evasion.

Vocabulary notes

transition - переход

transition period- переходный период

forum - (pl. foras, foris, fora) (Lat) -1) площадь; 2) место суда

in international fora-в международных профессиональных кругах

thesis - 1) положение; тезис 2) тема; 3) диссертация;

arms (in arms) -.1) оружие; вооружённый; 2) война

nuclear - ядерный

nuclear materials - радиоактивные вещества

vulnerable (to smth.) - уязвимый, ранимый, чувствительный

to range from... to - колебаться от... до...

misappropriation - незаконное присвоение, растрата

embezzlement - хищение, присвоение; to embezzle - присваивать, растрачивать

theft - воровство, кража, украденные вещи

eventually - в конечном счёте, в конце концов, со временем

gray = grey - серый

corporate - корпоративный; принадлежащий или относящийся к корпораци

corporate funds - относящийся к корпораци

to evade - уклоняться, обходить (закон, вопрос); evasion -уклонение;

customs evasion - уклонение от уплаты пошлин

restriction - ограничение; to impose restriction - вводить ограничение

access - доступ

to allow access to smth - позволять доступ к чему-либо furtherance - продвижение, поддержка, помощь

to incur - подвергаться; to incur losses - нести убытки; to incur debts влезть в долги

Methods and Means

Common methods used to launder assets are false invoicing schemes, keeping of double books, and contract fraud. A common scenario is a wire transfer of fund in Western currency to a front company abroad for a commercial transaction. A fraudulent purchase contract provided by the front company is presented as proof of the commercial need for wiring the funds. After the funds are wired, the legitimized funds are free to be transferred or converted to cash. This method is also used to embezzle state funds.

Another method used to launder funds involves instances in which suppliers never receive payment for products that are purportedly ordered by the state. Schemes to defraud the state of strategic materials - such as oil, gas, metal, gold, diamonds, and timber - regularly occur in which the resources are shipped abroad with deliberately undervalued invoices and sold at world markets - the profits о which are embezzled by the perpetrators.

In Russia, organized crime is defined as activity of criminal formations о different levels of organization. These criminal formations are groups, gangs, an organizations. At present, there are approximately 6,000 organized crime groups operating in Russia, whose significant numbers constitute criminal organizations. Seven criminal organizations operate in Moscow and ten in Sant-Peterburg. In 1995, 25 criminal organizations were known to have international ties; 19 among them - in the former Soviet republics. There is no concrete proof of foreign organized crime groups operating in Russia. Organized crime is countered by the main Organized Crime Control Department of the Ministry of Internal Affairs of Russia

and its local offices in the various regions of the country.

The connection between the shipments of massive amounts of bulk US currency to Russia and organized crime is speculative. One purely economic explanation for this currency flow is to satisfy the demand for Us dollars by average Russian citizens. As a hedge against inflation, Russians convert their earnings in roubles to dollars, which are reconverted to roubles for routine purchases as needed. Given the size of the Russian economy, the US dollar would be the logical choice because of its relative stability, and the amount of US currency in circulation worldwide. This does not preclude the use of some of this currency by organized crime, but media reports overstate the magnitude.

The theft of nuclear material is recognized as an extremely dangerous undertaking in Russia. It requires specialized professionals to handle radioactive materials, and it is well known that numerous intelligence organizations - both foreign and domestic - monitor the theft of and trade in nuclear materials.

Arms trafficking in Russia is problematic for several reasons. Border controls have not kept pace with the arms trade, there are profits to be made, and weapons are used in the commission of other crimes. Arms trafficking is considered a serious and major concern by Russian law enforcement officials.

Vocabulary notes

to purport ~ означать, подразумевать

purport- 1) смысл, содержание; 2) текст документа

timber - лес, лесоматериалы

to counter - 1) противостоять; противоречить

speculative - умозрительный, теоретический, недоказанный

demand for smth - спрос на что-либо

hedge - 1) ограда, преграда, препятствие; 2) гарантия. to hedge - страхо­вать себя (от возможных потерь); to hedge credit risks - страховать кредит­ные риски.

to preclude - предотвращать, устранять, мешать

to overstate - преувеличивать

magnitude - 1) размеры; важность, значимость; of the first magnitude -первостепенной важности.

to monitor- контролировать, проверять

Consumer Fraud TEXT1

Fraud costs North American consumers billions of dollars per year. The act of deceiving unsuspecting consumers can be easily committed, difficult to prosecute

and very profitable for the criminals. Whether the financial loss is large or small, no one likes to be swindled or conned. The unwary can be easy marks for criminals, unaware that they have been defrauded or too ashamed to admit it when they discover that they are a victim of fraud.

The best way to reduce fraud is through increased awareness. The greatest] enemy to the perpetrator of fraud is the informed consumer. Fraud can take many different forms, as the only limit to the con artists is their creativity and imagination. The following descriptions do not provide an exhaustive list of fraudulent practices, but serve to provide in indication of some of the more common consumer fraud| schemes.

Pyramid or Chain Referral Schemes

A pyramid or chain referral scheme is a marketing program based on convincing people to buy the right to sell others the right to market a particular product or product line. Promoters select a product and sell large or overpriced inventories to ""distributors", with the added incentive of allowing the distributors to sell subdistributorships. The profit is earned primarily through investors enlisting new recruits who in turn enroll more recruits. In order to recoup the initial investment, new recruits are encouraged to sell new distributorships and there is little real concern given to selling the actual product or service to the public.

The attraction of the pyramid scheme is that it offers an unusually high rate of return on the initial investment. Investors are typically advised that they can get a full return on their money by getting two or more ""new" investors to make an investment. The new investors must then get two or more new investors and so it goes, on and on....

Promoters fail to tell or deliberately conceal that profit from this system becomes mathematically impossible for other than the initiators of the scheme. Similar pyramid schemes are also appearing on the Internet.

Phoney Bank Inspector

An unknown person implies that he/she is a bank representative or working with the police to investigate the misappropriation of money at your bank. Your assistance is required to trap a dishonest bank employee. You are asked to visit your bank and withdraw money from your account. The con artist contacts you after the withdrawal, produces phoney identification and takes possession of your money. You are assured that the money will be deposited to your account within a couple of days.... The phoney bank inspector and your money then disappear. Your entire saving can be wiped out within minutes.

Boiler Room Operations

Numerous employees are hired by a con-artist as telephone solicitors to sell

products or solicitors to sell products or solicit donations for charitable

organizations. The products are frequently of questionable value and the charities

are fictitious or, they receive little or nothing. These schemes work well, as each

victim consumer is taken for only a moderate amount and they do not usually

pursue the issue.

However the small-to-moderate individual amounts add up to thousands of

dollars for the boiler room operator.

Be prudent and verify the organization or product before making a commitment.

Vocabulary notes

to swindle - обманывать,надувать: to swindle money out of a person -выманить у кого-либо деньги

to con - жульничать; надувать; syn. {to fraud; to swindle) con - жульничество, жулик; syn. (fraud; swindler) wary - осторожный, подозрительный, настороженный ashamed - пристыженный; to be ashamed for smb. - стыдиться за кого-либо; to be ashamed of smb./smth - стыдиться кого-либо/чего-либо 1 am ashamed of myself- Мне стыдно за себя. Не was ashamed to tell the truth - Ему было стыдно сказать правду. to admit - допускать, принимать

to be admitted to the bar - получать право адвокатской практики в суде. to admit smth - признаться в чём-либо victim-жертва to fall a victim - стать жертвой perpetrator - нарушитель, преступник

exhaustive - исчерпывающий, полный; exhaustive list - полный список; exhaustive information - исчерпывающие сведения

chain - 1) цепь, цепочка; 2) однотипные магазины, принадлежащие одной фирме и имеющие одно название

a chain of happenings - цепь событий

promoter - 1) тот, кто способствует (чему-либо); учредитель, основатель; 3) агент, который помогает новому бизнесу inventories - запасы (товаров)

inventory - 1) опись, инвентарь; 2) переучёт товара, инвентаризация distributor-оптовый продавец» продающий товар диллерам, специализи­рующимся на розничной торговле recruit - новый участник, новичок

to enrol - вербовать, вовлекать, принимать

phoney (=phony) - (разг) ложный, поддельный, фальшивый, дутый to trap - ставить ловушки, поймать в ловушку boiler room - котельное отделение, котельная donation - дар, пожертвование (часто денежное) charities - благотворительные учреждения или дела; charity - благотво-рительность

moderate - умеренный, выдержанный, средний, небольшой prudent - 1) благоразумный, предусмотрительный; 2) осторожный; 3) расчётливый, бережливый commitment-обязательство

to make a commitment - связать себя обязательством verify-проверять, контролировать

The Pigeon Drop Scheme

The pigeon drop scheme has many variations and the following is but one possible scenario. A stranger approaches you on the street and starts up a conversation. As you are conversing another stranger nearby claims to having just found a large amount of money. The discussion turns to what should be done with the money. Stranger number two claims to work for a lawyer and leaves to seek legal advice.

The finder returns to say that the lawyer advises to say that the money should be put into a trust for a certain amount of time, until the owner is located. If unclaimed at the end of the time period, the money is to be shared among those in the group. However, to ensure that all those in the group are legitimate, a specified amount of money is to be deposited in the trust by each member of the group.

The con-artist then adds that once the lawyer has all the money, for an additional fee, the waiting period can be waived. Both strangers then advise you to withdraw the amount of money required.

The stranger who claims to work for the lawyer then offers to take the money to the lawyer, sign the papers and return with your share. The stranger then returns and advises that the lawyer wants to speak to you personally, and gives you directions to the office. Your search for the office is fruitless and you soon realize that you have been conned.

This con, like many, appeals to a weakness in human nature... the desire to get something for nothing.

NEVER GIVECASH TO A STRANGER!!!

Land Speculation

people wishing to purchase a vacation or retirement property often find themselves trapped in land investment schemes. Through the use of slick advertising, unscrupulous promoters seduce potential victims into buying worthless property. If the price seems too good to be true or it is «an urgent once in a lifetime opportunity» you may be buying a desert bed miles from civilization or swamp land that remain under water even during a drought. Never purchase property sight unseen. Visit the area, view the property, and have it properly appraised.

DO YOUR HOMEWORK... INVESTIGATE BEFORE BUYING!!!

Home Improvement Schemes

Most home improvement contractors are legitimate and provide a useful service. A small percentage of these contractors are not so honest. Con-artists home improvement schemes often solicit contracts from home owners by misrepresenting the necessity for repairs or the value of the home improvement. These operators will ask to be paid in cash, often in advance or with large deposits in advance. The contractual work is then often poorly done or not performed at all. Before making

a commitment:

Check with the Better Business Bureau regarding the honesty and reputation

of the contractor;

Obtain other estimates from reputable contractors;

Never pay for the work in advance; pay after it has been completed and

examined;

If the person represents a utility company ask for proper identification;

Carefully read all forms and contracts before signing;

Never let anyone rush you into signing a contract or handing over cash.

Vocabulary notes

pigeon - 1) голубь; 2) (разе) простак, шляпа

drop-1) капля; 2) падение, понижение, снижение

to seek (sought, sought) - искать, добиваться, просить

to seek advice - обращаться за советом

to share -1) делить(ся), распределять; 2) участвовать, быть пайщиком; to share profits -участвовать в прибылях

to waive - отказываться; to waive the right - отказываться от права; to waive claim - отказываться от претензии; to waive inspection - отказываться от инспекции

to purchase - покупать, приобретать

vacation - каникулы, отпуск

the long vacation - летние каникулы

vacation pay - плата отпуска

retirement - 1) отставка; 2) выход в отставку или на пенсию; 3) уединение; уединённая жизнь

property - собственность, имущество

a property - земельная собственность, имение

property qualification - имущественный ценз; property tax - налог на иму -щество

slick - ловкий, хитрый, скользкий

scrupulous - I) щепетильный, совестливый; 2) добросовестный; 3) тща­тельный

to seduce - соблазнять, обольщать, совращать

desert- 1) пустыня; 2) необитаемое пустынное место

swamp - болото, топь

drought - 1) засуха; 2)сухость воздуха

to appraise - оценивать, расценивать

You should have it appraised - Нужно, чтобы вам его оценили.

honest - честный, правдивый

to be quite honest about it - откровенно говоря

repairs - ремонт

value - 1) ценность; 2) стоимость, цена

improvement-улучшение, усовершенствование

improvements (Am) -удобства, перестройка, перестановка

reputable- почётный, достойный уважения

utility - коммунальные услуги, коммунальные сооружения

to hand over - передавать

READER

Read the following stories and do the exercises.

Barker, Arizona Clark «Ma», d. 1935 «Ma» Barker's gang was mostly composed of her own four sons, and she led them to criminal fame. She was never arrested, but her sons often were. Ma would appear in court and protest their innocence or raise bail. By the time the gang was cleared up by the FBI it had been responsible for the deaths of four policemen, a civilian and one of their own number who talked too much. The Bakers hit the big time when they started kidnapping rich men for ransom, but this increased the

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