Cyber Fraud: The Computer Misuse Act 1990

John Ojakovoh

Barrister

2 Harcourt Buildings

John has extensive experience with a successful practice in white-collar, cyber, and organised crime, and other serious crime. He often leads teams in complex cases, often as Leading Counsel or led by Queen’s Counsel. John is often described as a “go-to person” for fraud and cybercrime.

Here John breaks down the concept of “cyber fraud,” before further dissecting The Computer Misuse Act 1990 and the criminal activities defined by the act. He then outlines technical challenges, the role of expert evidence and sentencing considerations.

Key words/topics

Cyber Crime

Cyber Fraud

The Computer Misuse Act 1990

Fraud Act 2006

Proceeds of Crime Act 2002

Money Laundering

Hacking

Unauthorised Access to Computer Material

Unauthorised Access with Intent to Commit or Facilitate Commission of Further Offences

Unauthorised Acts with Intent to Impair, or with Recklessness as to Impairing, Operation of Computer

Unauthorised Acts Causing, or Creating Risk of, Serious Damage

Making, Supplying or Obtaining Articles for Use in Offence

Technical Challenges

Expert Evidence

Sentencing Considerations

More about John Ojakovoh

As a Grade 4 (the highest) on the CPS General, Fraud and Serious Crime Panels, John brings an in-depth understanding of complex disclosure and PII, and issues arising from IPA and RIPA.

John also undertakes private instructions to represent companies, charities, company directors, shareholders, and consortiums, defending and pursuing private prosecutions.

To all his work, John brings an ability to master complex financial, technical, and voluminous evidence quickly with his Mathematics background, MBA, and IT, finance, and accounting expertise from his previous city career in strategy consulting.

John also has a busy advisory practice, whether instructed by prosecution or defence. Examples of areas in which John has advised include trademark offences, fraud against a High Street retailer, complex disclosure, abuse of process, and a potential private prosecution arising from a civil dispute.

(See: https://www.2hb.co.uk/john-ojakovoh)