Fraud

Question 1

3 Main ways to commit fraud

Answer 1

• Section 2 false representation
• Section 3 failing to disclose information
• Section 4 abuse of position
• section 6 Possess an article for use in fraud
• Section 11 Obtaining services by deception
• section 3 theft act making off without payment

Question 2

What type of offences are fraud offences

Answer 2

either way

Question 3

Define fraud by false representation - section 2

Answer 3

DISHONESTLY makes a FALSE REPRESENTATION and INTENDS by making the representation to make a GAIN FOR HIMSELF OR ANOTHER or CAUSE A LOSS to another or to EXPOSE ANOTHER to risk of loss

Question 4

Examples for fraud by false representation

Answer 4

• Selling ‘gold’ plated jewellery
• collecting money for fake charity
• selling fake products as real ones

Question 5

Define fraud by failing to disclose - section 3

Answer 5

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 a GAIN for HIMSELF OR ANOTHER, or TO CAUSE A LOSS to another or to EXPOSE ANOTHER to a risk of loss

Question 6

Examples of Fraud by failing to disclose - section 3

Answer 6

• Not disclosing points of license
• No disclosing previous convictions
• Applying for medical insurance and not disclosing information

Question 7

Define Fraud by abuse of position - section 4

Answer 7

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 make a GAIN FOR HIMSELF OR ANOTHER or CAUSE A LOSS to another or to EXPOSE ANOTHER to the risk of loss

Question 8

Examples of Fraud by abuse of position - section 4

Answer 8

• An employee of a software company clones software products to sell them on
• An estate agent values a house at an artificially low house then arranges for their brother to buy it

Question 9

Define Obtaining services by deception section 11

Answer 9

Obtains a service for himself or another by a Dishonest act and intends that payment will not be made or will not be made in full

Question 10

Examples for Obtaining services by deception section 11

Answer 10

• Climbs over a fence to watch a football match which incurs a charge
• Train journeys
• Window cleaning

Question 11

What other offence do most of these offences lead to an accused having

Answer 11

The benefit of criminal property - proceeds of crime act

Question 12

How should a person report fraud

Answer 12

Action fraud