What standard of proof must the institution meet?

Before filing a CIFAS marker, the member organisation must have evidence that meets a specific standard. This standard is higher than mere suspicion but lower than the criminal standard of beyond reasonable doubt.

The CIFAS standard requires that the member has enough evidence to satisfy itself that fraud or financial crime has occurred. This is sometimes described as being satisfied on the balance of probabilities, though in practice the Financial Ombudsman has suggested the standard should be robust given the serious consequences of a marker.

What the institution must demonstrate

• Evidence of the alleged fraud or dishonest conduct
• That the evidence was properly gathered and assessed
• That the individual was responsible (not someone else)
• That the marker is the appropriate response to the evidence
• That vulnerability and mitigating factors were considered

Challenging the standard of proof

One of the most effective complaint arguments is challenging whether the institution actually met the required standard. Many institutions file markers based on suspicious activity detected by automated systems, without conducting the investigation needed to meet the standard.

Your complaint should specifically ask the institution to demonstrate the evidence they hold and explain how it meets the CIFAS filing standard. Often, when pressed, the evidence is weaker than the marker implies.