Fraud, Bribery and Corruption Flashcards
(20 cards)
What statute governs fraud offences in England and Wales?
The Fraud Act 2006.
What are the three main offences under the Fraud Act 2006?
Fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position.
What is fraud by false representation? (Section 2)
Dishonestly making a false representation intending to make a gain or cause loss to another.
What is the mens rea of fraud by false representation?
Dishonesty and knowledge that the representation is false, with intent to gain or cause loss.
What is fraud by failing to disclose information? (Section 3)
Dishonestly failing to disclose information when under a legal duty to do so, with intent to gain or cause loss.
What is fraud by abuse of position? (Section 4)
Dishonestly abusing a position in which one is expected to safeguard the financial interests of another.
What is the maximum sentence for fraud under the Fraud Act 2006?
10 years’ imprisonment.
Which statute governs bribery in the UK?
The Bribery Act 2010.
What are the four main offences under the Bribery Act 2010?
Bribing another person, being bribed, bribery of foreign public officials, and failure of a commercial organisation to prevent bribery.
What is Section 1 of the Bribery Act 2010?
Bribing another person—offering, promising or giving a financial or other advantage.
What is Section 2 of the Bribery Act 2010?
Being bribed—requesting, agreeing to receive, or accepting a bribe.
What is Section 6 of the Bribery Act 2010?
Bribery of a foreign public official.
What is Section 7 of the Bribery Act 2010?
Failure of commercial organisations to prevent bribery.
What defence does a commercial organisation have under Section 7?
Proving it had “adequate procedures” in place to prevent bribery.
What is corruption in legal terms?
The abuse of entrusted power for private gain, often involving bribery or dishonest conduct.
Which agencies are involved in investigating and prosecuting fraud and corruption in the UK?
Serious Fraud Office (SFO), National Crime Agency (NCA), and Crown Prosecution Service (CPS).
What is the role of the Serious Fraud Office (SFO)?
To investigate and prosecute serious or complex fraud, bribery, and corruption.
What case established the modern test for dishonesty in fraud?
Ivey v Genting Casinos (2017)
What is the Ivey test for dishonesty?
A two-stage test: (1) ascertain the defendant’s actual state of knowledge or belief, and (2) judge conduct against the standards of ordinary decent people.
Can a company be prosecuted for bribery?
Yes, particularly under Section 7 of the Bribery Act 2010 for failing to prevent bribery.
