What year is the Fraud Act
Fraud act 2006
Definition of Fraud Act 2006
Section 2?
A person is in breach of this section if they:
Dishonesty make a false representation and
Intend by making this representation
To make a gain for himself or another
To make a loss for another or
To expose another to risk of loss
What is Section 3 Fraud Act 2006
A person is in breach of this section if they
Dishonesty fail to disclose to another person
Information which he is under a legal duty to disclose and
Intend by failing to disclose the information
To make a gain for himself or another
To cause loss to another
To expose another to risk of loss
Section 4 fraud act 2006
A person is in breach of this section if
He occupies a position in which he is expected tonsafeguard
Or not act against
The financial interests of another person
And Dishonesty abaues that position and intends
To make a gain for himself or another
To make a loss to another
To expose another to risk of loss
Section 6 fraud act 2006
A person is guilty of this offence if he
Has in his possession or under his control
Any article for use in the course of
Or in connection with any fraud
Section 7 fraud act 2006
A person is guilty of this offence if
He makes, adapts, supplies or offers to supply
Any article knowing that it is designed or adapted
For the use in the course of or in connectuon with fraud or intending it to commit or facilitate fraud
Section 11 fraud act 2006
A person is guilty of an offence if
He obtains services for himself or another by a dishonest act
What are the 3 distinctive ways to commit fraud
False representation
Failure to disclose
Abuse of position
Con, swindle, extortion, sham, double-cross, hoax, cheat, ploy, ruse, hoodwink, confidence trick
Businesses
Loan scams Lottery scams Mobile phone fraud Benefit fraud Online fraud
CV Fraud Computer hacking Cheque fraud Dating fraud Gambling fraud
Slimming Cures Tickets scams Insurance fraud Identity fraud Inheritance fraud
Tax fraud Prize draw scams Store Card fraud.
Vulnerable persons
Anyone under the age of 18 at the time of the offence
Anyone who is suffering from mental disorder within the meaning of the Mental Health Act 1983
Those with significant impairment of intelligence and social functioning
Those with physical disability or suffer from a mental disorder
Report the matter to the bank as soon as possible
Report to the relevant organisation
Contact action fraud
Report to Police
Ill Health, anxiety, depression, anger Feelings of shame Assume blame Vulnerability Financial loss Relationship problems
A genuine document but has been altered or fraudulently obtained, or is being used by someone else.
copy of a genuine document, or a form of ID that does not exist.
a) Fraud by false representation (Section 2)
b) Fraud by failing to disclose information (Section 3)
c) Fraud by abuse of position (Section 4)
The defendant’s conduct must be dishonest
His/her intention must be to make a gain, or cause a loss or the risk of a loss to another
No gain or loss needs actually to have been made