10. Fraud. Flashcards
Existing common law on fraud was codified under the …
Fraud Act (2006)
The maximum penalty under the Fraud Act (2006) is … imprisonment.
10 years
Fraud involves a DAoD* intended to MAG or EATL or TROL.
deliberate act of deception
Fraud involves a DAoD intended to MAG* or EATL or TROL.
make a gain (for the fraudster or another)
Fraud involves a DAoD intended to MAG or EATL* or TROL.
expose another to loss
Fraud involves a DAoD intended to MAG or EATL or TROL*.
the risk of loss
Offences under the Fraud Act: FR* (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT by ST, OSD
dishonestly making a false representation
Offences under the Fraud Act: FR (UoM*), FTDI (UaLD), AoP (SFI); PMS of A; FT by ST, OSD
untrue or misleading
Offences under the Fraud Act: FR (UoM), FTDI* (UaLD), AoP (SFI); PMS of A; FT by ST, OSD
failure to disclose information
Offences under the Fraud Act: FR (UoM), FTDI (UaLD*), AoP (SFI); PMS of A; FT by ST, OSD
under a legal duty to disclose
Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP* (SFI); PMS of A; FT by ST, OSD
abuse of position
Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI*); PMS of A; FT by ST, OSD
safeguard, or not act against, the financial interests of another person
Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS* of A; FT by ST, OSD
possession, manufacture or supply
Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A*; FT by ST, OSD
articles for use in frauds
Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT* (ItDC or SOFP) by ST, OSD
fraudulent trading
Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT (ItDC* or SOFP) by ST, OSD
intention to defraud creditors
Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT (ItDC or SOFP*) by ST, OSD
some other fraudulent purpose
Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT (ItDC or SOFP) by ST*, OSD
sole trader
Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT (ItDC or SOFP) by ST, OSD* (IoNP).
obtaining services dishonestly
Offences under the Fraud Act: FR (UoM), FTDI (UaLD), AoP (SFI); PMS of A; FT (ItDC or SOFP) by ST, OSD (IoNP*).
intention of not paying
Fraud perpertrated via electronic means is often known as …
Cybercrime
Cybercrime is fraud perpertraded via …
electronic means
‘Articles’ for use in frauds (includes / excludes) programs and data held in electronic form.
includes
Types of Cybercrime: P*, WM, FH, K, SM, AC
phishing
Types of Cybercrime: P, WM*, FH, K, SM, AC
webcam manager
Types of Cybercrime: P, WM, FH*, K, SM, AC
file hijacking
Types of Cybercrime: P, WM, FH, K*, SM, AC
keylogging
Types of Cybercrime: P, WM, FH, K, SM*, AC
screenshot manager
Types of Cybercrime: P, WM, FH, K, S, AC*
ad clicker
Sending bogus emails that ask the user for security information and personal details is known as …
phishing
Computer Misuse Act (1990): UA*, UA (ITCOFFO), IoO, CRoSD (RW), M or S of 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.
Computer Misuse Act (1990): UA, UA (ITCOFFO* - SS, FY), IoO, CRoSD (RW), M or S of A
intention to commit or facilitate further offences
Computer Misuse Act (1990): UA, UA (ITCOFFO - SS*, FY), IoO, CRoSD (RW), M or S of A
statutory sentence
Computer Misuse Act (1990): UA, UA (ITCOFFO - SS, FY*), IoO, CRoSD (RW), M or S of A
five years
Computer Misuse Act (1990): UA, UA (ITCOFFO - SS, FY), IoO*, CRoSD (RW), M or S of A
impairment of operation
Computer Misuse Act (1990): UA, UA (ITCOFFO - SS, FY), IoO, CRoSD* (RW), M or S of A
the act causes, or creates a significant risk of, serious damage of a material kind;
Computer Misuse Act (1990): UA, UA (ITCOFFO - SS, FY), IoO, CRoSD (RW*), M or S of A
real world
Computer Misuse Act (1990): UA, UA (ITCOFFO - SS, FY), IoO, CRoSD (RW), M or S of 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…
Fraudulent trading (does / does not) require that the business is in the course of being wound up.
does not
Fraudulent trading is an offence able to be committed by …
every person (who is knowingly a party to it)
The maximum penalty for fraudulent trading is … imprisonment.
10 years
Fraudulent trading is done with the ITDC* or for AFP.
intention to defraud creditors
Fraudulent trading is done with the ITDC or for AFP*.
any fraudulent purpose
T/F: Only company directors may be convicted of fraudulent trading.
FALSE
A person fraudulently trading via an incorporated organisation can be found guilty under the …
Companies Act (2006)
A person fraudulently trading via an unincorporated organisation can be found guilty under the …
Fraud Act (2006)
The offence of fraudulent trading requires …
an intentional act of dishonesty
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 …
contribute to the insolvent company’s assets.
S.213 Insolvency Act (1986)
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.
fraudulent trading
Only … may be convicted of wrongful trading.
directors
