Fraud Flashcards
What is the most common crime in the UK?
Fraud - Costs £219 billion to the UK economy
What is the name & year for the act covering Fraud?
Fraud Act 2006
Three ways to commit fraud? (S.1 Fraud Act 2006)
1) False representation
2) Failing to disclose information
3) through abuse of position
(Intention is what matters, doesn’t matter it the gain or loss actually happens)
Fraud by False Representation S.2(1) Fraud Act 2006
A person is in breach of this section if they:
dishonestly makes a false representation, and intends, by making the representation
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose
A person is in breach of this section if they:
dishonestly makes a false representation, and intends, by making the representation
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose
Fraud by False Representation S.2(1) Fraud Act 2006
False Representation - Fraud by False Representation S.2(2) Fraud Act 2006
A representation is false if:
it is untrue or misleading
AND
the person making it knows that it is, or might be untrue or misleading
(“Might be” refers to pretending to know the facts when they do not)
A representation is false if:
it is untrue or misleading
AND
the person making it knows that it is, or might be untrue or misleading
False Representation - Fraud by False Representation S.2(2) Fraud Act 2006
False representation can be way of…
Fact - (Fact given is not true)
Law - (The fact lied about is in relation to a legal fact)
State Of Mind - (What the accused is doing (action) and what it causes others to think. E.g. holding a bucket with a charity sign on it)
Define Gain relating to Fraud
Gain of any kind can be:
1) Keeping what you have
2) Gaining by getting what you don’t have
3) Can be temporary or permanent gain
Define Loss relating to Fraud
Loss of any kind can be:
1) parting with what you have
2) not getting what you might get
3) can be temporary or permanent loss
Define Property in relation to Fraud
Property includes:
1) Money
2) Personal
3) Things in action (trademarks, patents, copyright etc)
4) Other intangible property
Machines….
Can be deceived, so fraud still applies.
Fraud by failing to Disclose Information - S.3 Fraud Act 2006
A person is in breach of this section if they: 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:
i) to make a gain for himself or another or
ii) to cause loss to another or to expose another to a risk of loss.
