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

Question 11

What action is enough to amount to fraud by false misrepresentation having been made?

Answer 11

A representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).