Fraud Offences

• What is the general intent required for all fraud offences?

  Intent to make a gain for themselves or another, causing risk of loss to another
• What constitutes fraud by false representation?

  Dishonestly making a false representation with intent to mislead
• Can fraud by false representation involve non-financial gain?

  Yes, gain need not be financial
• Give an example of fraud by false representation.

  Selling a fake diamond as a real one
• What is fraud by failure to disclose?

  Failure to divulge information under a legal contract or contractual duty
• What is an example of fraud by failure to disclose?

  Failing to disclose a medical condition when applying for insurance
• What does fraud by abuse of position involve?

  Misuse of a post to safeguard the financial interests of others
• Provide an example of fraud by abuse of position.

  Misuse of company funds for personal expenses
• What are the three types of fraud offences mentioned?

  • Fraud by false representation
  • Fraud by failure to disclose
  • Fraud by abuse of position
• What are the key elements of fraud by false representation?

  • Dishonesty
  • False representation (fact, law, intention, or authority)
  • Intent to mislead
  • Gain need not be financial
• What are the key elements of fraud by failure to disclose?

  • Failure to divulge information
  • Under a legal contract or contractual duty
• What are the key elements of fraud by abuse of position?

  • Misuse of a position
  • Expected to safeguard financial interests of others