Other Flashcards
What is required to prove a false representation
knows that it is false in material particular
OR
reckless as to it being false in material particular
What is required to prove deception
- there was an intent to deceive
- there was a representation by the defendant
- the representation was false and the defendant either
1) knew it was false in material particular
2) was reckless whether it was false in material particular
What are the types of deception
- false statement
- non disclosure
- trick
Examples of representations
Orally - claiming ownership to property that is on HP
Conduct - posing as a charity collector by appearing to carry offical collection bucket
Documentary - completing a valueless cheque or presenting a false certificate or qualification
How can knowledge be established (re false representations)
- admissions
- propensity evidence
- implication from circumstances surrounding the event
What must debt or liability be
legally enforceable. must have valid contract
What proof is required for inducement
- the false representation was believed
- that it was the consequences of that belief that the victim parted with their money
What proof is required to prove loss by deception
- the loss was caused by deception
- it was reasonably foreseeable some more than trivial loss would occur BUT
- need not prove the loss was intentionally caused
Does not have to be a benefit to anyone
Investigating Deception Offences
Cheque and credit card offences relate to
stolen cheques or cards - ID offender and recover property
counterfeit cards - card skimming
using a document - fraudulent accounts or cards obtained to commit offences. ID offender recover cards
dishonoured cheques - identity known. establish intent
When handling documents as evidence do not….
punch, fold or crease them
use staples, pins or sellotape
make impressions on them when minuting files
Company Deception
Category A
Large scale thefts and dishonesty offences against employers by employees
- take/use document
- theft by person in special relationship
- alter, concealing, destroying, reproducing documents
- using altered/reproduced documents
- accessing a computer for dishonest purpose
- forgery
- false accounting
Purpose of investigation
- obtain documentary evidence from complainant
- trace suspects actions
- establishments where money went
- production orders/SW
- interview suspect
Category B
Dishonesty offences committed against financial institutions by people outside the institution.
GST deception
- false statement by promoter
- taking/using document
- accessing a computer for dishonest purpose
- forgery
- false accounting
Purpose of investigation
- obtain documentary evidence from complainant
- trace suspects actions
- establishments where money went
- production orders/SW
- interview suspect
Category C
Commercial deception committed against the public by people (either as individuals or through guise of a company) entice people to invest money
- false statement by promoter
- obtaining ownership/possession or control by deception
- obtaining credit
Purpose of investigation
- confirm company officer details through company search
- interview victims
- identify transactions, the details of the suspects bank company
- production order/SW
- interview suspect
Category D
dishonesty offence committed by professional people in a position of trust such as solicitors and accountants against their clients
- theft by person in special relationship
- taking/using document
- using forged documents
Purpose of investigation
- putting together paper trail
- gather documentary exhibits
- interview appropriate clients
- prepare and execute production order/SW
- interview suspect
Resources Available for company deception
- Police accountants and legal officers
- Ministry of business innovation and employment
- Commerce Commission
- Financial markets authority
- NZ customs
- Liquidators and receivers
