Fraud

Question 1

Explain the ways in which fraud can be committed under the fraud act 2006

Answer 1

• Section 2 - fraud by false representation (e.g. returning stolen goods to a shop to try and obtain a refund.)
• Section 3 - fraud by failing to disclose information (e.g. omitting important information when applying for a job or health insurance.)
• Section 4 - fraud by abuse of position (e.g. whilst driving a local authority minibus, demanding fares from local residents when the service is actually free.)

Question 2

Define Fraud Act (2006): Section 2 (Fraud by false representation)

Answer 2

A person is in breach of this section if they dishonestly make a false representation & intends by making the representation to make a gain for themselves or another, or to cause loss to another or to expose another to the risk of loss

Question 3

Define Fraud Act (2006): Section 3 (Fraud by failing to disclose information)

Answer 3

A person is in breach of this section if they dishonestly fail to disclose to another information which he is under a legal duty to disclose and intend by failing to disclose the information to make a gain for himself or another, or cause loss to another or to expose another to risk of loss.

Question 4

Define Fraud Act (2006): Section 4 (Fraud by Abuse of Position)

Answer 4

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

Question 5

Define Fraud Act (2006): Section 6

Answer 5

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.

Similar to offence of going equiped

Question 6

Define Fraud Act (2006): Section 7

Answer 6

A person is guilty of the offence if he makes, adapts, supplies or offers to supply any article knowing that it is designed or adapted for use in the course of or in connection with fraud or intending it to commit or facilitate fraud

Question 7

Define Fraud Act (2006): Section 11

Answer 7

A person is guilty of an offence if he obtains services for himself or another by a dishonest act.

Question 8

Define Section 3 Theft Act 1978

Answer 8

A person who knowing that payment on the spot is required for any goods supplied or services done is expected from him dishonestly makes off without having paid as required or expected with intent to avoid payment of the amount due shall be guilty of an offence.

Question 9

Describe the impact of fraud on (vulnerable and non-vulnerable) victims

Answer 9

• Ill health, anxiety, depression, anger
• Feelings of shame
• Assume blame
• Vulnerability
• Financial loss
• Relationship problems

Question 10

Explain how the police deal with initial reports of Fraud

Answer 10

• Consider Section 19 PACE seizure of evidence used in crime – seizure of data at the scene i.e. Computers, mobile phones computing equipment, game consoles, digital cameras.
• Eliminate risk of digital contamination by officer keeping notes in PNB of any actions taken at the scene i.e. turning the computer off.
• Liaise with force digital forensic services – request to attend the scene
• Authorisation is required under RIPA 2000 to inspect the data on the devices