Fraud Flashcards
What are the first three offences within the 2006 Fraud act? (3 Points)
- S.2 Fraud by false representation.
- S.3 Fraud by failing to disclose.
- Fraud by abuse of position.
What is the Men’s Rea for the first three offences of the 2006 Fraud Act? (3 Points)
- Make a GAIN for themselves or another.
- Cause LOSS to another person.
- Expose another person to a RISK OF LOSS.
Do you need a result of for the first three offences of the 2006 Fraud Act to be committed? (Y/N)
No! - It is irrelevant, as these are offences of intent.
What are the two points of GAIN, in relation to the 2006 Fraud Act? (2 Points)
- Keeping what one has.
- Getting what one does not have.
What are the two points of LOSS, in relation to the 2006 Fraud Act? (2 Points)
- Parting with what someone has
- Someone not getting something they might get.
Is Loss for the purpose of the Fraud act Permanent or Temporary?
Both!
To commit the offence of Fraud, what must the person know about their action? (2 Parts)
That it IS, or MIGHT BE untrue or misleading.
If the defendant Honestly Believes they were not being untrue or misleading, is there an offence? (Y/N_
No.
When someone intends to commit fraud by email or post, when is the offence committed?
As soon as it is sent.
Can you deceive a machine? Ie. commit fraud to a machine.
Yes - it applies to anything.
At what point is fraud committed when someone uses a stolen credit card at a cash machine?
When the card is put into the machine.
For the offence of Fraud by failing to disclose to be committed, what sort of information is obliged to be disclose?
Information of a legal obligation to be disclosed
Can Fraud by abuse of position be committed by an act or omission?
Both
If an estate agent deliberately undervalues a property so they can receive a cut of the payment, what offence do they commit?
Fraud by abuse of position.
Regarding the offence of possession of an article to use in fraud, when must the fraud be?
In the future.
Do articles for use in fraud include programs and data?
Yes
Can someone be in control of an article for use in fraud?
Yes
Can someone be in possession or control of an article for use in Fraud for someone else to use later on?
Yes.
Regarding Making or Supplying articles for use in Fraud, does someone have to know it will be used in Fraud?
Yes.
Does someone have to be in possession of an article in order to supply it?
No.
Can someone obtain free services dishonestly ?
No
To NOT commit the offence of obtaining services dishonestly, must you pay for the service in full ?
Yes.
Must you get the result of the service to be commit the offence of obtaining services dishonestly?
Yes
Can False accounting be committed via an act or omission?
Both!
