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The three classes of fraud

Read what this article has to say about the three classes of fraud under the Fraud Act 2006.
© Coventry University. CC BY-NC 4.0

As we saw in the previous step, the Fraud Act (2006) which applies to England, Wales and Northern Ireland splits the offence into three classes.

We will now take a closer look at each of them:

1. Fraud by false representation

A person is in breach of this section if she/he dishonestly makes a false representation with the intention of:

  • Making a gain for herself/himself or another
  • Causing another loss or exposing them to a risk of loss

It makes no difference if the false representation is made to a machine or to a person.

What does this mean for the investigator?

This means that fraud is really ‘theft by lying’, saying something that is untrue, misleading or dishonest resulting in the fraud criminal making a gain at the expense of the fraud victim (see the diagram below).

2. Fraud by failing to disclose information

A person is in breach of this section if she/he fails to disclose information that they are under a legal duty to disclose, with a view to:

  • Making a gain for herself/himself or another
  • Causing another loss or exposing them to a risk of loss

3. Fraud by abuse of position

A person is in breach of this section if she/he abuses a position in which they are expected to safeguard – or not act against – the financial interests of another person, with the intention of:

  • Making a gain for herself/himself or another
  • Causing another loss or exposing them to a risk of loss

Some examples of positions where an individual is expected to safeguard, or not act against, the financial interests of another person are:

  • Trustee/beneficiary
  • Director/company
  • Professional/client
  • Agent/principal
  • Employee/employer
  • Partners

Here are some possible scenarios where fraud by abuse of position have taken place.

Scenario 1 An employee copies her/his employer’s client database for the purpose of setting up a rival company
Scenario 2 A person who is employed to care for an elderly or disabled person has access to that person’s bank account and abuses their position by transferring funds to invest in a high-risk business venture of their own. This is a very common example where abuse of trust takes place.
Scenario 3 A member of staff who offers a friend cheap insurance premiums by deliberately not entering known driving convictions

References

London: Legislation.gov.uk The Fraud Act (2006) [online]. available from https://www.legislation.gov.uk/ukpga/2006/35/section/1 [25th June 2019]

© Coventry University. CC BY-NC 4.0
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