Fraud Act 2006 Flashcards
What three ways can you commit fraud?
False representation, Failing to disclose information, abuse of position
What points need to be proved?
That there was intention, that a gain was to be made out of it, to cause a loss to someone, to expose someone to a loss.
Explain section 2 False Representation?
To pretend to be someone you are not - eg to gain through using an ATM with someone else card or shaking a stolen charity box to gain.
Explain section 3 Failure to disclose?
When someone fails to disclose information that they are legally required to disclose and as a result gains from this lack of disclosure. This can be an oral or written omission. Yearly accounts may show ommissions, good faith like not disclosing health conditions in order to get a better deal.
Explain section 4 - Abuse of position?
A person who is in a position in which he/she is expected to safeguard the financial interests of others eg it can be an act or failure to act. eg housemate is entrusted with money to pay bills but misuses the money.
Explain section 6 - Possessing articles to commit fraud?
This can be fraudulent money making machines. These articles can be anywhere but must be under his control or in his possession.
Explain section 7 - Making or supplying articles for committing fraud?
An offence is committed if a person makes adapts or supplies any article knowing that it can be used in fraudulent activities eg making a charity ID card in order for someone to collect money fraudulently from the general public.
Explain section 11 - Dishonest obtaining of services
A dishonest representation occurs and gains a service without payment. Can include bus or train rides for free. Never any intention to pay.
What is the definition of “bilking”
There is an intention to pay but opportunistically makes off without payment.
