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ICAEW Law 10: Criminal law. > 10. Fraud. > Flashcards

10. Fraud. Flashcards

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1
Q

Existing common law on fraud was codified under the …

A

Fraud Act (2006)

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2
Q

The maximum penalty under the Fraud Act (2006) is … imprisonment.

A

10 years

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3
Q

Fraud involves a DAoD* intended to MAG or EATL or TROL.

A

deliberate act of deception

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4
Q

Fraud involves a DAoD intended to MAG* or EATL or TROL.

A

make a gain (for the fraudster or another)

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5
Q

Fraud involves a DAoD intended to MAG or EATL* or TROL.

A

expose another to loss

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6
Q

Fraud involves a DAoD intended to MAG or EATL or TROL*.

A

the risk of loss

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7
Q

Offences under the Fraud Act: FR* (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT by ST, OSD

A

dishonestly making a false representation

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8
Q

Offences under the Fraud Act: FR (UoM*), FTDI (UaLD), AoP (SFI); PMS of A; FT by ST, OSD

A

untrue or misleading

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9
Q

Offences under the Fraud Act: FR (UoM), FTDI* (UaLD), AoP (SFI); PMS of A; FT by ST, OSD

A

failure to disclose information

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10
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD*), AoP (SFI); PMS of A; FT by ST, OSD

A

under a legal duty to disclose

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11
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP* (SFI); PMS of A; FT by ST, OSD

A

abuse of position

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12
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI*); PMS of A; FT by ST, OSD

A

safeguard, or not act against, the financial interests of another person

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13
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS* of A; FT by ST, OSD

A

possession, manufacture or supply

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14
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A*; FT by ST, OSD

A

articles for use in frauds

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15
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT* (ItDC or SOFP) by ST, OSD

A

fraudulent trading

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16
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT (ItDC* or SOFP) by ST, OSD

A

intention to defraud creditors

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17
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT (ItDC or SOFP*) by ST, OSD

A

some other fraudulent purpose

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18
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT (ItDC or SOFP) by ST*, OSD

A

sole trader

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19
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT (ItDC or SOFP) by ST, OSD* (IoNP).

A

obtaining services dishonestly

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20
Q

Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT (ItDC or SOFP) by ST, OSD (IoNP*).

A

intention of not paying

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21
Q

Fraud perpertrated via electronic means is often known as …

A

Cybercrime

22
Q

Cybercrime is fraud perpertraded via …

A

electronic means

23
Q

‘Articles’ for use in frauds (includes / excludes) programs and data held in electronic form.

A

includes

24
Q

Types of Cybercrime: P*, WM, FH, K, SM, AC

A

phishing

25
Q

Types of Cybercrime: P, WM*, FH, K, SM, AC

A

webcam manager

26
Q

Types of Cybercrime: P, WM, FH*, K, SM, AC

A

file hijacking

27
Q

Types of Cybercrime: P, WM, FH, K*, SM, AC

A

keylogging

28
Q

Types of Cybercrime: P, WM, FH, K, SM*, AC

A

screenshot manager

29
Q

Types of Cybercrime: P, WM, FH, K, S, AC*

A

ad clicker

30
Q

Sending bogus emails that ask the user for security information and personal details is known as …

A

phishing

31
Q

Computer Misuse Act (1990): UA*, UA (ITCOFFO), IoO, CRoSD (RW), M or S of A

A

unauthorised access: he causes a computer to perform any function with intent to secure access to any program or data held in any computer.

32
Q

Computer Misuse Act (1990): UA, UA (ITCOFFO* - SS, FY), IoO, CRoSD (RW), M or S of A

A

intention to commit or facilitate further offences

33
Q

Computer Misuse Act (1990): UA, UA (ITCOFFO - SS*, FY), IoO, CRoSD (RW), M or S of A

A

statutory sentence

34
Q

Computer Misuse Act (1990): UA, UA (ITCOFFO - SS, FY*), IoO, CRoSD (RW), M or S of A

A

five years

35
Q

Computer Misuse Act (1990): UA, UA (ITCOFFO - SS, FY), IoO*, CRoSD (RW), M or S of A

A

impairment of operation

36
Q

Computer Misuse Act (1990): UA, UA (ITCOFFO - SS, FY), IoO, CRoSD* (RW), M or S of A

A

the act causes, or creates a significant risk of, serious damage of a material kind;

37
Q

Computer Misuse Act (1990): UA, UA (ITCOFFO - SS, FY), IoO, CRoSD (RW*), M or S of A

A

real world

38
Q

Computer Misuse Act (1990): UA, UA (ITCOFFO - SS, FY), IoO, CRoSD (RW), M or S of A*

A

A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article intending it to be used to commit, or to assist in the commission of, an offence…

39
Q

Fraudulent trading (does / does not) require that the business is in the course of being wound up.

A

does not

40
Q

Fraudulent trading is an offence able to be committed by …

A

every person (who is knowingly a party to it)

41
Q

The maximum penalty for fraudulent trading is … imprisonment.

A

10 years

42
Q

Fraudulent trading is done with the ITDC* or for AFP.

A

intention to defraud creditors

43
Q

Fraudulent trading is done with the ITDC or for AFP*.

A

any fraudulent purpose

44
Q

T/F: Only company directors may be convicted of fraudulent trading.

A

FALSE

45
Q

A person fraudulently trading via an incorporated organisation can be found guilty under the …

A

Companies Act (2006)

46
Q

A person fraudulently trading via an unincorporated organisation can be found guilty under the …

A

Fraud Act (2006)

47
Q

The offence of fraudulent trading requires …

A

an intentional act of dishonesty

48
Q

If a liquidator believes that a company has been involved in fraudulent trading, they may apply to the court for an order that those involved …

A

contribute to the insolvent company’s assets.

S.213 Insolvency Act (1986)

49
Q

If a liquidator believes that a company has been involved in …, they may apply to the court for an order that those involved contribute to the insolvent company’s assets.

A

fraudulent trading

50
Q

Only … may be convicted of wrongful trading.

A

directors

ICAEW Law 10: Criminal law. (8 decks)

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