5. Fraud Offences

Question 1

What are the three fraud offences?

Answer 1

1. Fraud by false representation
2. Fraud by failing to disclose information
3. Fraud by abuse of position

Question 2

For all three fraud offences, the defendant must intend one of what two things when they make the false representation, fail to disclose information, or abuse their position?

Answer 2

1. To make a gain for themselves or another, or
2. To cause or risk loss to another

Question 3

In addition to the general intent, what act is required to commit fraud by false representation?

Answer 3

Dishonestly making a false or misleading representation (dishonesty judged by an objective standard), knowing it is false or misleading

Question 4

Can the false representation be made via an agent?

Answer 4

Yes

Question 5

Must a representation be untrue to be false?

Answer 5

No, it can also just be misleading

Question 6

For fraud by false representation, what knowledge must the defendant have?

Answer 6

They must know the representation is or might be false or misleading, making it a specific intent crime

Question 7

In addition to the general intent, what act is required to commit fraud by failing to disclose information?

Answer 7

Dishonestly failing to disclose information the defendant is under a duty to disclose

Question 8

In addition to the general intent, what act is required to commit fraud by abuse of position?

Answer 8

Abusing a position in which defendant is expected to safeguard the financial interests of another

Question 9

Can abuse of position be committed by an omission?

Answer 9

Yes

Question 10

Does the defendant need the know they occupy a position in which they are expected to safeguard the financial interests of another?

Answer 10

No