Fraud

Question 1

What are the first three offences within the 2006 Fraud act? (3 Points)

Answer 1

1. S.2 Fraud by false representation.
2. S.3 Fraud by failing to disclose.
3. Fraud by abuse of position.

Question 2

What is the Men’s Rea for the first three offences of the 2006 Fraud Act? (3 Points)

Answer 2

1. Make a GAIN for themselves or another.
2. Cause LOSS to another person.
3. Expose another person to a RISK OF LOSS.

Question 3

Do you need a result of for the first three offences of the 2006 Fraud Act to be committed? (Y/N)

Answer 3

No! - It is irrelevant, as these are offences of intent.

Question 4

What are the two points of GAIN, in relation to the 2006 Fraud Act? (2 Points)

Answer 4

1. Keeping what one has.
2. Getting what one does not have.

Question 5

What are the two points of LOSS, in relation to the 2006 Fraud Act? (2 Points)

Answer 5

1. Parting with what someone has
2. Someone not getting something they might get.

Question 6

Is Loss for the purpose of the Fraud act Permanent or Temporary?

Answer 6

Both!

Question 7

To commit the offence of Fraud, what must the person know about their action? (2 Parts)

Answer 7

That it IS, or MIGHT BE untrue or misleading.

Question 8

If the defendant Honestly Believes they were not being untrue or misleading, is there an offence? (Y/N_

Answer 8

No.

Question 9

When someone intends to commit fraud by email or post, when is the offence committed?

Answer 9

As soon as it is sent.

Question 10

Can you deceive a machine? Ie. commit fraud to a machine.

Answer 10

Yes - it applies to anything.

Question 11

At what point is fraud committed when someone uses a stolen credit card at a cash machine?

Answer 11

When the card is put into the machine.

Question 12

For the offence of Fraud by failing to disclose to be committed, what sort of information is obliged to be disclose?

Answer 12

Information of a legal obligation to be disclosed

Question 13

Can Fraud by abuse of position be committed by an act or omission?

Answer 13

Both

Question 14

If an estate agent deliberately undervalues a property so they can receive a cut of the payment, what offence do they commit?

Answer 14

Fraud by abuse of position.

Question 15

Regarding the offence of possession of an article to use in fraud, when must the fraud be?

Answer 15

In the future.

Question 16

Do articles for use in fraud include programs and data?

Answer 16

Yes

Question 17

Can someone be in control of an article for use in fraud?

Answer 17

Yes

Question 18

Can someone be in possession or control of an article for use in Fraud for someone else to use later on?

Answer 18

Yes.

Question 19

Regarding Making or Supplying articles for use in Fraud, does someone have to know it will be used in Fraud?

Answer 19

Yes.

Question 20

Does someone have to be in possession of an article in order to supply it?

Answer 20

No.

Question 21

Can someone obtain free services dishonestly ?

Answer 21

No

Question 22

To NOT commit the offence of obtaining services dishonestly, must you pay for the service in full ?

Answer 22

Yes.

Question 23

Must you get the result of the service to be commit the offence of obtaining services dishonestly?

Answer 23

Yes

Question 24

Can False accounting be committed via an act or omission?

Answer 24

Both!

Question 25

Are Loans and Mortgages documents relating to accounting?

Answer 25

Yes.