Fraud Flashcards
F – Fraud by false representation (s.2)
A person is in breach of this section if he
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dishonestly
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makes a FALSE REPRESENTATION
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intending by making the representation
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to make a gain, cause loss or expose another to the risk of loss
Fraud by false representation - more info
A representation is false if it is untrue or misleading.
The suspect must know that it is untrue or misleading, or that it might be.
A representation can be expressed or implied and can be communicated in words or conduct.
A representation must be as to fact or law so a broken promise is not FR.
There is no requirement for human involvement.
The offence is about conduct and intent so it does not matter when the representation takes place as long as the requisite intention accompanies it.
Use credit card that stolen the cashier accepting the card (cashier state mind irrelevant)
False promise is not itself false representation, if a statement is made (complete work immediately and requests money with no intention to complete work)
Inference elderly overpaid work. D taking driving test someone else. Complete letter posted. Phishing included, to machine chip and pin.
Fraud by abuse of position (s.4)
A person is in breach of this section if he
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occupies a position in which he is expected to safeguard, not act against, the financial interests of another person
(in other words ABUSES HIS POSITION)
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dishonestly
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intending by that abuse
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to make a gain, cause loss or expose another to the risk of loss
Fraud by abuse of position further info
D of Software Company uses it to clone software intention selling on
Estate agents value property lower and arranges sale at lower price to brother
Transferring funds from account elderly person.
Omission – D fails to take chance crucial contact so rival company take up &at expense employer
Fraud by failing to disclose information
A person is in breach of this section if he
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dishonestly
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fails to disclose information to another
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which he is under a LEGAL DUTY to disclose
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intending by failing to disclose
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to make a gain, cause loss or expose another to the risk of loss
Fraud by failing to disclose information further info
A legal duty might arise and examples:
From Statute - The law creates the relationship so perhaps a government tax department and an individual
From the express or implied terms of
a contract - A contract between persons involved in business
From the existence of a fiduciary
relationship between parties - Accountant and client/solicitor and client (false life insurance)
Where the transaction is one of the
utmost good faith -Doctor and patient/insurance contract
s.6 - Possession or Control of Articles for Use in Frauds
A person is guilty of this offence if he
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possesses or controls
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ANYTHING whatsoever ANYWHERE
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to use in the FUTURE to commit or help commit a fraud offence
s.6 - Possession or Control of Articles for Use in Frauds - further info
Unlike going equipped, this offence can be committed anywhere, including inside a person’s home.
Distance is no object, you can possess something 1,000 miles or more away
The article HAS to be used for fraud in the FUTURE, not a past fraud.
Can be committed if possession or control is to enable another to commit an offence fraud
S.7 - Making or Supplying Articles for Use in Frauds
A person is guilty of this offence if he
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makes, adapts, supplies or offers to supply
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ANYTHING whatsoever
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KNOWING that it is designed or adapted for use in fraud or connection with fraud or
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INTENDING it to be used in or to assist fraud
S.7 - Making or Supplying Articles for Use in Frauds FURTHER INFO
Making offer to supply would not require D to be in possession article
D makes viewing card for TV enabling to view channels for free. Then D offers to sell similar cards to colleagues but does not have them as they are not made yet. A number of colleagues express interest so D makes cards and then supplies them.
What is an article?
For S6/7 includes any program or data in electronic form:
computer program generates credit card numbers,
computer template that used producing utility bills,
computer file that contains list peoples details.
S11 – obtaining services dishonestly
Does not require fraudulent representation or deception. Eg. Intending to avoid payment he slips into concert hall without paying.
D must know services are made available to the fact they are chargeable.
NOT COVERED D sneaks on lorry for free ride, lorry does not offer service for charge.
S17 – False accounting
Destroys defacing accounts/documents and using false misleading accounts or docs to furnish information.
Doesn’t have to be document (turnstile meter counts).
Eg. Failing to make entry in account book, altering receipts. No requirement to prove intention to permanently deprive but there is need to show dishonesty.
