Fraud

Question 1

S.3 fraud act 2006 Failing to disclose information

Give definition?

Answer 1

Dishonestly
Fails to disclose to another person information which he is under a legal duty to disclose
And intends-
-to make gain
-to cause loss

Question 2

Give examples of section 3

Answer 2

1) recipient of benefits fails to disclose any income
2) failing to put down previous convictions when applying for a job
3) when looking after a persons account, failing to disclose info to them in order to make financial gain (tax return)

Question 3

S.2 Fraud Act 2006 fraud by false representation

Give definition?

Answer 3

When someone:
Dishonestly
Makes a false representation
And intends--
-to make a gain for himself or another
-to cause loss to anothe or expose another to a risk of loss

Question 4

S.4 fraud act 2006 Fraud by abuse of position

Give definition?

Answer 4

Defendant occupies a position in which he is expected to safeguard, or not act against, the financial interests of another 
Dishonestly abuses that position 
And intends-
-to make gain
-to cause loss

Question 5

Give examples of section 4

Answer 5

1) an employee of a software company cloning products to sell on
2) an estate agent values a house at an artificially low price and ranges for his brother to buy it
3) using someone else’s money to invest in something

Question 6

S.6 fraud act 2006 possession or control of articles for use in frauds
Give definition?

Answer 6

Has in his possession or under his control

Any article for use in the course of or in connection with any fraud

Question 7

S.7 fraud act 2006 Making or supplying articles for use in fraud
Give definition?

Answer 7

Makes, adapts, supplies or offers to supply any article
Knowing that it is designed or adapted for use of in the course of or in connection with fraud or
Intending it to be used to commit, or assist in the commission of fraud

Question 8

S.11 fraud act 2006 Obtaining services dishonestly

Give definition?

Answer 8

Obtains services for himself or another
By a dishonest act
And those services are made available on the basis that payment has been, is being or will be made
And he person obtains those services without any payment having been made or not made in full
And he knows:
-that they are being obtained by a dishonest act or
-that they might be
And he intends that payment will not be made or will not be made in full