The law relating to articles for use in a fraud is actually an evolution of the old law of ‘going equipped to cheat’. A person is guilty of the new offence if he possesses or has under his control any article for use in the course of or in connection with any fraud. ‘Articles’ simply […]
Fraud – False Representation
Section 2 of the Fraud Act 2006 sets out the framework of the classic fraud offence. The offence usually consists of some sort of dishonest statement made to gain something or so that someone else makes a loss. This offence is one that will often apply to an offence committed in business. The four necessary […]
Fraud – Abuse of Position
This section of the Fraud Act is clearly intended to prevent the dishonest abuse of position by those whom we are entitled to consider above suspicion e.g. a trustee, company director or executor of a will. However, it is not all together clear who will be regarded as falling into the category of being expected […]
Fraud – Obtaining Services Dishonestly
Someone is guilty of obtaining services dishonestly if: He or she obtains services which he or she knows cost money By doing or saying something dishonest Then does not pay for the services (in full) Having intended not to pay for the services in the first place The offence could apply to company directors who, […]
Fraud
A basic principle of an offence of fraud is that Prosecution must provide sufficient evidence to indicate that the Defendant was acting dishonestly when they had undertaken the action in question and it is this that is often the most difficult to prove during many Trials involving fraud. An example might be a situation where […]