Title: ACFE
1ACFE
FRAUD ACT 2006 Sixteen sections in sixteen
minutes. Tim Harvey, CFE Director of UK
Operations.
2Two points to note.
- Dishonesty does the work
- Daz washes whiter than white.
- R-v-Ghosh (1982)
- No longer a result crime having obtained
- Conduct crime, focused on conduct of offender.
3Seven key offences.
- S.2 False representation
- S.3 Failing to disclose information
- S.4 Abuse of position
- S.6 Possession of articles
- S.7 Making or Supplying articles
- S.9 Fraudulent sole trader
- S.11 Obtaining services dishonestly.
4Section 1. FRAUD
- Is guilty of fraud if he breaches
- Section 2,3, or 4
- Ten Years
5Section 2 False Representation
- Dishonestly makes a false representation
intending - to make a gain (for himself or another) or to
cause a loss or risk of loss . - False untrue or misleading s/he knows it is,
or might be - Representation fact or law, express or implied.
Submitted to any system.
6Section 3 Failing to disclose.
- Dishonestly fails to disclose information he is
under a legal duty to disclose. - Intending to make a gain or cause or expose
another to risk of loss.
7Section 4 Abuse of position
- Occupies a position in which he is expected to
safeguard, or not to act against, the financial
interests of another - Dishonestly abuses that position.
- Gain Loss, risk of loss.
- Omission
8Section 5 Gain Loss
- Gain / loss money or property
- Temporary or permanent.
9Section 6 Possession of Articles
A person is guilty of an offence if he has in his
possession or under his control Any article For
use in the course of or in connection with Any
fraud. 5 years.
10Section 7 Making or Supplying
- Makes, adapts, supplies or offers to supply
- Any article
- Knowing that is designed or adapted for use in
fraud - Or
- Intending it to be used to commit or assist
fraud. - 10 years.
11Section 8 Article
- Article includes any program or data held in
electronic form.
12Section 9 Fraudulent business.
- He is knowingly a party to the carrying on of a
business outside of the reach of section 458
Companies Act 1985. - Fraudulent trading by an individual.
- 10 years.
13Section 10
- Amends punishment for fraudulent trading from 7
to 10 years.
14Section 11 Obtaining services
- He obtains a service by a dishonest act if
- They are made available on the basis that
payment, has, is being or will be made for them, - He obtains them without any payment or without
full payment AND - When he obtains them he knows-
- They are or might be being made available as
above BUT - Intends that payment or full payment will not be
made.
5 years
15Section 12 Liability of Company officers
- Individuals as well as body corporate can be
prosecuted.
16Section 13 Evidence
- Proceedings in relation to property.
17Section 14,15,16
- Minor and consequential amendments
- Commencement
- Title
18Summary
- Dishonesty does the work
- Daz washes whiter than white. R-v-Ghosh (1982)
- No longer a result crime having obtained
- Conduct crime, focused on conduct of offender.
19Summary
- S.2 False representation
- S.3 Failing to disclose information
- S.4 Abuse of position
- S.6 Possession of articles
- S.7 Making or Supplying aerticles
- S.9 Fraudulent sole trader
- S.11 Obtaining services dishonestly.
20Thank you for listening.
- Tim Harvey
- 07809 767247
- tharvey_at_acfe.com