Fraud Flashcards
What legislation covers fraud?
Fraud Act 2006
What is the definition of fraud?
dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and intends, by failing to disclose the information to make a gain for himself or another or to cause loss to another or to expose another to risk of loss
What are common fraud offences?
s.2 Fraud by False Representation
s.3 Fraud by Failing to Disclose Information
s.4 Fraud by Abuse of Position
What is the definition of Fraud by False Representation (s.2 Fraud Act 2006)?
dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another or to cause loss to another or to expose to another a risk of loss
What is the definition of Fraud by Failing to Disclose Information (s.3 Fraud Act 2006)?
dishonestly fails to disclose to another person information which he is under legal duty to disclose and intends, by failing to disclose the information, to make gain for himself or another or to cause loss to another or to expose another to a risk of loss
What is the definition of Fraud by Abuse of Position (s.4 Fraud Act 2006)?
occupies a position in which he is expected to safeguard or not to act against the financial interests of another person and dishonestly abuses that position and intends, by means of the abuse of that position, to make a gain for himself or another or to cause loss to another or to expose another to a risk of loss
What is the legislation for Possessions of Articles for Use in Fraud?
s.6 Fraud Act 2006
What is the definition of Possession of Articles for Use in Fraud (s.6 Fraud Act 2006)?
has in his possession or under his control any article for use in the course of or in connection with any fraud
What type of offence is a Possession of Articles for Use in Fraud?
Either way offence
If there is no prompt police intervention required for a fraud offence, where will the case be referred to?
Action Fraud
What legislation covers Obtaining Services Dishonestly?
s.11 Fraud Act 2006
What is the definition of Obtaining Services Dishonestly (s.11 Fraud Act 2006)?
a person who obtains services for himself or another by a dishonest act and they are made available on the basis that payment has been, is being, or will be made for or in respect of them, he obtains them without any payment having been made for, or in respect of them, or without payment having been made in full and when he obtains them, he knows that they are, or might be, being made available on the basis described but intends that payment will not be made/ made in full
Does a service obtained have to be legal in the Obtaining Services Dishonestly legislation?
No - e.g. can be used in prostitution
What is the definition of Making off Without Payment (s.3 Theft Act 1968)?
knowing that payment on the spot for any goods supplied or services done is required or expected from him and dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due
