10b Fraud Flashcards
What must prosecution prove to bring a successful act of fraud?
- Dishonest intent
- Intention to make a gain or cause a loss to another.
What is the max penalty for fraud?
10 years and unlimited fine
What 3 ways can fraud be committed?
- False representation
- Failing to disclose information
- Abuse of position
What is fraud by false representation?
Defendant makes an untrue/misleading statement to make a gain/cause someone a loss.
What is fraud by failing to disclose information?
- When the defendant fails to disclosure information they are required to do so in order to make a gain/loss.
What is fraud by abuse of position?
When the defendant is in a position where they are expected to protect someone else’s assets but abuse this power to make a gain or cause a loss.
What is phishing?
Bogus emails asking for personal details
What is a webcam manager?
Involves users webcam being taken over
What is a file hijacker?
Individuals online files hijacked and held to ransom.
What is Keylogging?
Record being kept of what a user typed into their keyboard
What is a screenshot manager?
Screenshots taken from users computer screen
What is an ad clicker?
A users computer is directed to click a specific link
What illegal activity is covered under the Computer Misuse Act?
- Unauthorised access to computer material.
- Unauthorised access with intention to commit further offences.
- Unauthorised access with intent to impair online material.
- Unauthorised access causing damage, or risk of damage, to computer systems.
- Making, possessing or supplying articles to facilitate the above offences.
What is fraudulent trading?
When a company carries on business with the intention of defrauding creditors or someone else.
What must be proved to bring an action of fraudulent trading and who can it be brought against?
Intention and can be brought against directors or anyone involved in running the business.
