Fraud (Basic Understanding Flashcards)
Introduction and background
Fraud Act 2006
One general offence of fraud which can be committed in three ways:
(I) By false representation (S2)
(II) By failing to disclose information (S3)
(III) By abuse of position (S4)
2.0 Fraud
Section 1 Of The Fraud Act 2006
“A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2)” (Which provide for different ways of committing the offence)
(a) By False representation (S2)
(b) fraud by falling to disclose information and (S3)
(c) Fraud by abuse of position (S4)
2.1 Fraud By False Representation
Section 2 of the Fraud Act 2006 Provides:
A person is in breach of this section if he:
(a) dishonestly makes a false representation, and
(b) intends, by making the representation:
(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.
2.1 Fraud By False Representation
2.1.1 Actus Reus
2.1.2 Men’s Rea
Actus Reus
Making a false representation
Men’s Rea
Dishonestly;
Knowing the representation is untrue or misleading and,
Intending to make a gain, cause a loss, or cause a risk of loss
2.2 Fraud By Failing to Disclose Information
Section 3 of the Fraud Act states:
“For the offence of fraud by failing to disclose information in situations where there exists a legal duty to”
2.2 Fraud By Failing to Disclose Information
2.2.1 Actus Reus
2.2.2 Men’s Rea
Actus Reus
Legal duty to disclose information is in existence; and failure to disclose that information
Men’s Rea
Dishonestly; and
Intending to make a gain, cause a loss or cause a risk of loss
2.3 Fraud By Abuse Of Position
What does section 4 of the Fraud Act 2006 state?
A person is in breach of this section if he—
(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(b) dishonestly abuses that position, and
(c) intends, by means of the abuse of that position—
(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.
2.3 Fraud By Abuse Of Position
2.3.1 Actus Reus
What are the Actus Reus Elements?
Occupation of a position where an expectation to safeguard or not to act against the financial interests of another exists, and;
Abuse of that position.
2.3 Fraud by Abuse of Position
2.3.2 Men’s Rea
Dishonestly, and;
Intention to make a gain, cause loss or a risk of loss.
These two elements of the men’s Rea carry the same meaning as for the other fraud offences and should be assessed in the same way
2.4 Charging and Sentencing
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).
3.0 Obtaining Services Dishonestly
Section 11 of the fraud act 2006
A person is guilty of an offence under this section if he obtains services for himself or another-
(a) by a dishonest act, and
(b) in breach of subsection (2)
.
(2) A person obtains services in breach of this subsection if—
(a) they are made available on the basis that payment has been, is being or will be made for or in respect of them,
(b) he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and
(c) when he obtains them, he knows—
(i) that they are being made available on the basis described in paragraph (a), or
(ii) that they might be, but intends that payment will not be made, or will not be made in full.
3.0 Obtaining Services Dishonestly
3.1 Actus Reus
Obtaining services
Payment required but not made
Dishonestly caused the services to be obtained
3.0 Obtaining Services Dishonestly
3.2 Men’s Rea
Dishonesty
Knowing that payment was required
Intending to avoid payment in whole or in part
3.0 Obtaining Services Dishonestly
3.3 Charging and Sentencing
a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).
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