FRAUD

Question 1

What is section 1 of the Fraud Act 2006?

Answer 1

Outlines general offence of fraud and the penalties.

Question 2

What is section 2 of the Fraud Act 2006?

Answer 2

Fraud by false representation.

Question 3

What is section 3 of the Fraud Act 2006?

Answer 3

Fraud by failing to disclose information.

A person is in breach of (3) if he
a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose.
b) 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.

Question 4

What is section 4 of the Fraud Act 2006?

Answer 4

Fraud by abuse of position.

A person is in breach of this section if he—

(a)occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

(b)dishonestly abuses that position, and

(c)intends, by means of the abuse of that position—

(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.

(2)A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.