Fraud Flashcards
s1 Fraud Act 2006
e/w 10 yrs / 12 mths / fine
A person guilty fraud if breaches;
s2 Fraud by false representation
s3 Fraud by failing to disclose information
s4 Fraud by abuse of position
Essence of the offence is the conduct and Ulterior intent of the def.
Intends to make a gain or cause loss to another. (loss/gain d/not have to happen)
money or property (real/intangible/things in action)
temporary gain or loss
Loss incl not getting what one might get.
s2 Fraud be False Representation
dishonestly makes a false representation and
intends (expose to risk of) loss/gain
Rep. is false if untrue/misleading and def knows this (might be) untrue
Rep can be express or implied by words/conduct
Broken promises are NOT false reps.
Bogus officials can be inferred as providing falsely rep quotes
Def complicit in getting another to sit driving test. cn be inferred.
Phishing = Fraud be false rep.
Chip/Pin’s can be fraud by false rep.
s3 Fraud by failing to disclose
dishonestly fails to disclose to another info which have a legal duty to disclose and
intends to make gain or cause (expose to risk of loss) loss to another.
Legal duty can incl oral and written contracts.
s4 Fraud by abuse of position
occupies a position to safeguard (or not act against) financial interests of another and
dishonestly abuses that position intending to make gain or cause (expose to risk of loss) loss to another.
Incls omissions as well as acts.
s6 Possession/control of Articles used in Frauds
e/w 5 yrs / 12 mths / fine
A person is guilty if has in his possession or under his control any article for use in the course of or in connection with any fraud. (by self or another)
article incl program or data held in electronic form (program to generate credit card nos, file containing peoples credit card details, computer template for producing blank utility bills)
Offence can be committed ANYWHERE incl home.
Applies to offences TO BE committed.
s7 Making/Supplying Articles for use in Fraud
e/w 10 yrs / 12 mths / fine
Makes, adapts, supplies, offers to supply any article
knowing it is for use in fraud or
intending it to be used to commit or assist in fraud
EG Sat TV viewing cards
s11 Obtaining Services Dishonestly
e/w 5 yrs / 12mths / fine
Requires the actual obtaining of a service.
Service obt cannot be free
No fraudulent rep or deception required.
Can incl obt services of a prostitute without paying!
s17 False accounting
e/w 7 yrs / 6 mths / fine
dishonest, view to gain/loss
destroys, defaces, conceals, falsifies any account/record/document made or required for accounting purposes or
knowingly provides false, misleading information
incl acts and omissions
can incl turnstile meter, mortgage and loan applications.
s8 forgery and counterfeiting Act 1981
False instruments, made, used or copied to induce another.
instrument = document (formal or informal), stamp, Inland rev stamp, disc, device to store media, franking mark.
NOT currency note.
False
F- falsely claims to be in a certain FORM
A - falsely claims to have been ALTERED by app auth
L - LIES about date, time circs of alteration
S - false claims it was altered by SOMEONE who d/not
Exist
Charge must specify which one it is.
s10 Forgery and Counterfeiting Act 1981
Incl prejudicing and inducing people and machines.
s1 Making false instrument with intent
w/w 10 yrs / 6mths / fine
intent induce another to accept it as genuine to prejudice another.
Instrument does not have to be USED.
s2 copying a false instrument with intent
e/w 10yrs / 6mths / fine
knows or believes it to be false with intent induce another to accept it as genuine to prejudice another.
s3 Using a false instrument with intent
as above eg false passport
s4 Using a copy of a false instrument with intent
as above
s 5(1) and 3 Having custody/control of Specific Instruments and materials with intent. e/w 10yrs/ 6mts / fine
incl money and postal orders, stamps, share certs, cheques, bank cards, birth/death/marriage certs.
NOT driving docs.
have in custody or control knowing or believing to be false with intent
s5(2) and s4 Having custody/control of specific instruments and materials
e/w 2yrs / 6mths / fine
custody/control w/out lawful authority or excuse, knows or believes to be false
custody/control can incl being kept at another place.
s7 provides powers to obt search warrant.
