Fraud

Question 1

Which extract of legislation covers Fraud by False Representation?

Answer 1

Section 1(1), Fraud Act
2006

Question 2

What is the definition of
Fraud by False Representation?

Answer 2

A person is guilty of an offence if he 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 another to a risk of loss

Question 3

What is the definition of
“false representation”? (2 aspects)

Answer 3

A representation is false if it is both
1) untrue or misleading AND
2) the perpetrator knows it is or might be untrue or misleading

Question 4

If a fraudulent email is sent but it is not opened by the intended receiver, and thus the fraud is not realised, is this still sufficient for a charge of Section 1(1) Fraud by False Representation?

Answer 4

Yes - fraud is committed as soon as the email is sent (the false representation made) with the INTENT of defrauding.
The effectiveness is irrelevant as fraud is a pure intent offence.

Question 5

Which extract of legislation makes it an offence for somebody to have articles for use in fraud?

Answer 5

Section 6, Fraud Act 2006

Question 6

Define fraud by failing to disclose - section 3

Answer 6

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 ORANOTHER, or TO CAUSE A LOSS to another or to EXPOSE ANOTHER to a risk of loss

Question 7

Define Fraud by abuse of position - section 4

Answer 7

OCCUPIES A POSITION in which he is
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 A LOSS to another or to EXPOSE ANOTHER to the risk of loss

Question 8

Examples of Fraud by abuse of position - section 4

Answer 8

• An employee of a software company clones software products to sell them on
• An estate agent values a house at an artificially low house then arranges for their brother to buy it

Question 9

Define Obtaining services by deception section 11

Answer 9

Obtains a service for himself or another by a Dishonest act and intends that payment will not be made or will not be made in full

Question 10

Examples for Obtaining services by deception section 11

Answer 10

Climbs over a fence to watch a football match which incurs a charge
• Train journeys
• Window cleaning

Question 11

How should you report fraud?

Answer 11

Action fraud.