Lecture 16 Fraud Act 2006

Question 1

What are the 6 Sections in Fraud that you need to know?

Answer 1

Section 1 (Overarching legislation)
Section 2 False Representation
Section 3 Failing to disclose information
Section 4 Abuse of Position
Section 5 Possession of articles
Section 6 Action fraud/ SYP and National Response

Question 2

What is Section 1?

Answer 2

A person is guilty of Fraud if he is in breach of any of the following sections, 2, 3 and 4.

Question 3

What is Section 2?

Answer 3

False Representation

• A person dishonestly makes a false representation..
• and intends by making the representation to…
• Make gain for himself or another…
• Or to cause loss to another or to…
• expose another to a risk or loss.

Question 4

What is Section 3?

Answer 4

Failing to Disclose Information

• A person 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 make gain for himself or another
• Or to cause loss to another or to
• expose another to a risk of loss.

Example: Failing to declare a recent driving conviction in order to obtain cheaper motor insurance.

Question 5

What is Section 4?

Answer 5

Fraud By Abuse of Position

• Occupies a position in which he is expected to safeguard
• Or not to act against
• the financial interests of another person.
• Dishonestly abuses that position and
• intends by means of the abuse of that position to
• To make gain for himself or another or
• to make cause loss to another or to expose another to risk of loss.

Question 6

What is Section 6?

Answer 6

Possession of Articles for use in Fraud

• A person is guilty of an offence if
• He has in his possession
• OR
• Under his control any article
• for the use in the course or in connection
• with any fraud.

Question 7

What is your Role?

Answer 7

• Atlas court will (if suspect unknown) provide the caller with an incident number and advice them to contact the Action Fraud reporting line.
• If the suspect is known then this will be tasked to the relevant district and then allocated to an officer to investigate further.
• 360 degree investigation