For a CIFAS marker to be recorded in the National Fraud Database (NFD), the filing organisation must meet the CIFAS Standard of Proof. This is one of the most important safeguards in the system.
It ensures that markers are only applied where there is clear evidence of fraud or financial crime, rather than mere suspicion.
The Four Pillars of the Standard of Proof #
- Reasonable Grounds
There must be reasonable grounds to believe that a fraud or financial crime has been committed or attempted. A “hunch” or vague suspicion is not enough. - Clear, Relevant, and Rigorous Evidence
The evidence must be robust. Weak, circumstantial, or speculative information cannot justify a marker. - Recognised Case Type
The conduct must fit into one of the official CIFAS case types, such as False Application, Misuse of Facility, or Facility Takeover. - Product Rejection or Withdrawal
The bank or organisation must have rejected, withdrawn, or terminated a product on the basis of fraud. The only exceptions are where the product had to be provided by law, or the full benefit was already received.
Why the Standard of Proof Matters #
This framework is designed to balance two important interests:
- Fraud prevention – allowing organisations to protect themselves and others from financial crime.
- Individual rights – ensuring that innocent people are not unfairly penalised.
Without the Standard of Proof, the risk of error and disproportionate harm would be much higher.
Common Failures by Banks #
Many unfair markers are overturned because banks fail to:
- Provide clear, relevant, and rigorous evidence.
- Properly classify the conduct under a valid case type.
- Demonstrate that the product was refused or withdrawn.
In such cases, the marker may be unlawful and can be challenged through CIFAS, the Ombudsman, or the courts.
Key Takeaway #
The Standard of Proof is the central test for whether a CIFAS marker is valid. If the bank cannot meet all four pillars, the marker may be open to challenge and removal.
