***Fraud*** Flashcards
What piece of legislation do the three fraud’s come under?
Fraud Act 2006
Way to remember the three frauds?
Remember your PDR!
R: Fasse Representation
D: Failure to Disclose information
P: Abuse of position
Define Section 2 Fraud Act 2006
A person is in breach of this section if they dishonestly make a false representation and intends by making the representation to make a gain for himself or another or cause loss to another or expose another to the risk of loss
Define Section 3 Fraud Act 2006
A person is in breach of this section if they dishonestly fail to disclose to another person information which they are under a legal duty to disclose and intends by failing to disclose the information to make a gain for himself or another or cause loss to another or expose another to the risk of loss
Define Section 4 Fraud Act 2006
A person is in breach of this section if they occupy a position in which they are expected to safeguard, or not to act against, the financial interests of another person, dishonestly abuses that position and intends by means of the abuse of that position to make a gain for himself or another or cause loss to another or expose another to the risk of loss
What is meant by ‘gain’?
To gain what one does not have or keep what one has
What is meant by ‘loss’?
To not get what one might get or by parting with what one has
Define Section 6 Fraud Act 2006
A person is guilty of the offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud
Define Section 7 Fraud Act 2006
A person shall be guilty of an offence if he makes, adapts, supplies or offers to supply any article knowing that it is designed or adapted for use in the course or in connection with fraud or intending it to commit of facilitate fraud
Define Section 11 Fraud Act 2006
A person is guilty of an offence if: they obtain a service for themselves or another by a dishonest act
Define Section 3 Theft Act 1978
A person commits this offence if they know that payment on the spot is required for any goods supplied or services done and dishonestly make off without having paid as required or expected with intent to avoid payment of the amount due
Which piece of Case Law looks at the intention of making a gain or causing a loss?
R v Gilbert 2012
Which piece of Case Law looks at ‘dishonestly’?
R v Silverman 1987
Note: This case is where Silverman grossly overestimated a quote for roof repair
What is meant by a FALSE document
A document is false when it is a genuine document but has been altered or fraudulently obtained, or is being used by someone else
What is meant by a FAKE document?
A fake document is a copy of a genuine document, or a form of ID that does not exist
