UK Fraud Act 2006 - Section 4 Fraud by abuse of position
The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.
UK Fraud Act 2006 – Section 4 Fraud by abuse of position
(1) 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.
Fraud Act 2006 - Section 4
Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....
Edward de Saram has truly run out of options…
Joseph S R de Saram (JSRDS)