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 as to fact, law, or state of mind (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

Question 11

What is the definition or what are the requirements for fraud by false representation?

Answer 11

A person
1. dishonestly
2. a false representation, and
3. Intends, by making the representation, to make a gain for themselves or another, or to cause a loss.

Question 12

What are the requirements or what is the definition of fraud by failure to disclose?

Answer 12

A person
1. dishonestly
2. fails to disclose to another person information which he is under a legal duty to disclose, and
3. intends thereby to make a gain for himself or another, or to cause a loss.

Question 13

What are the requirements or what is the definition of fraud by abuse of position?

Answer 13

A person is in breach if he occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person, and he dishonestly abuses that position, and intends, by the abuse of that position, to make a gain for himself or another, or to cause a loss.