Every CIFAS marker in the National Fraud Database (NFD) begins with a member organisation investigating activity it believes may be linked to fraud. If the organisation decides that the case meets the criteria, it can file it into the database.
However, this process is subject to strict controls. CIFAS members cannot file cases on the basis of vague suspicion or untested allegations. Instead, they must follow the CIFAS Standard of Proof.
The CIFAS Standard of Proof #
Before a marker is recorded, four conditions must be satisfied:
- Reasonable Grounds – There must be reasonable grounds to believe that a fraud or financial crime has been committed or attempted.
- Clear, Relevant, and Rigorous Evidence – Evidence must meet this standard; weak or circumstantial evidence is not sufficient.
- Recognised Case Type – The conduct must fall into one of the official CIFAS case categories (e.g. False Application, Misuse of Facility, Facility Takeover).
- Product Rejection or Withdrawal – The product or service (such as a loan, bank account, or insurance policy) must have been withdrawn, rejected, or terminated because of the fraud. The only exceptions are if the member was obliged to provide the product, or the subject has already received the full benefit.
This framework ensures that CIFAS markers are based on demonstrable conduct, not just suspicion.
Responsibilities of Members #
When recording cases in the NFD, members must also:
- File all relevant subjects – Every individual involved who meets the Standard of Proof must be recorded.
- Protect innocent parties – Victims of impersonation should also be filed, but clearly marked as innocent to avoid harm.
- Keep records updated – If new information emerges, members must amend or remove cases to maintain accuracy.
Why This Matters for You #
Understanding how cases are recorded is crucial when challenging a CIFAS marker. Many unfair markers are overturned because the organisation failed to:
- Provide clear, relevant, and rigorous evidence,
- Fit the conduct into a valid case type, or
- Demonstrate that the product was withdrawn or refused as a result.
If the Standard of Proof has not been met, the marker may be unlawful and subject to removal under both the CIFAS Handbook and data protection law.
