Fraud Flashcards
What is the definition of Fraud by representation?
1) A person is guilty of an offence if he dishonestly make a FALSE REPRESENTATION and intends, by making the representation:-
(I) to make gain for himself or another
(ii) to cause loss to another or to expose another to a risk loss
2) A representation is false if -
(A) it is untrue or misleading, and
(B) the person knows that it is, or may be, untrue or misleading
What is the definition of fail to disclose info, S3 theft act?
A person is guilty of an offence if he fails to dishonestly to disclose to another person information which he is under legal duty to disclose, and intends, by failing to disclose the information:
(i) To make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
What is the definition of abuse of position per S4 the theft Act?
(A) Occupies a position in which he is expected to safe guard, or not to act against, the financial interests of another person,
(B) abused that position?
(C) dishonestly
(D) intending by that abuse to make financial gain/ close a loss
What is the definition of possession of articles for use in fraud as per S6 of the Theft Act?
A person is guilty of an offence if he has in his possession or in his control any article for use in the course of or in connection with fraud
What is the definition of making or adapting or supplying articles as per S7 of the theft act
A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article:
(A) knowing that it is designed or adapted for use in the course of or in connection with fraud, or
(B) intending it to be used to commit or assist in the commission of fraud
What is the definition of Dishonestly obtaining services as per Section 11 of the Theft Act?
(1) A person is guilty of an offence under this section if he obtains services for himself or another:
(a) by a dishonest act, and
(b) in breach of subsection (2)
(2) A person obtains services in breach of this subsection if:
(a) they are made available on the basis that payment has been, is being or will be made for or in respect of them,
(b) he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and
(c) when he obtains them, he knows:
(i) that they are being made available on the basis described in paragraph (a), of
(ii) that they might be, but intends that payment will not be made, or will not be made in full
A car dealer sells a car knowing that the mileage clock has been altered in order to get a better deal is an example of
Fraud by false representation
A person fails to disclose a medical condition in order to get a better insurance deal is an example of what?
Failure to disclose info S3
A police officer take a back hander as a bribe to not press charges on someone
S4 abuse of position
If i made a fake concert ticket to sell to someone else I’ve committed what offence?
Making, adapting or supplying articles
If i slipped passed the ticket inspector to avoid payment I have committed what offence?
Dishonestly obtaining services
