The offence of fraud often goes unexplained which can cause confusion. For fraud to have been committed, one’s conduct must have been dishonest with an intention to make a gain or to cause a loss of another or to risk a loss. However, no gain or loss needs to have been made to prosecute the offence.
The offence is regulated by the Fraud Act 2006. According to Section 1, fraud can be committed in three different ways:
- Section 2 of the Fraud Act 2006 makes it an offence to commit fraud by false representation. Statements can be made orally, in writing or on a website. The individual or company must have made a dishonest or false representation, knowing that the representation would mislead another. There must have been an intent to make a gain for himself or cause a loss to another.
- Section 3 of the Fraud Act 2006 outlines that the individual or company has committed fraud by failure to disclose information, where there is a legal duty to do so. This must have been with the intention to make a gain for himself or to cause a loss to another.
- Section 4 of the Fraud Act 2006 governs the offences of fraud by abuse of position. The individual or company must have, by act or failure to act, abused a position in which he is expected to protect the financial interests of another.
We also offer specialist advice in relation to allegations of mortgage fraud and benefit fraud:
- Mortgage fraud can be committed by exaggerating the value of property to obtain a loan amount that would not be the same without the misrepresentation made. Another characteristic of mortgage fraud is taking out a mortgage in the name of an individual without their consent.
- Benefit fraud is when you intentionally do not inform the government of a change in your circumstances. If there is evidence you have committed benefit fraud, you will be under investigation and you could be taken to court. This could result in your benefits stopping.
Allegations of this nature can be harmful to an individual or company and result in a damaged reputation. We are aware that allegations of fraud can be exhausting, to contest in court and deal with outside of court. At Rees Clayton Solicitors, we actively work with you and are proactive to ensure the best possible result for you. If you or your company has been accused of fraud and need immediate advice, call us today on 01282 678767 / 0330 053 6767 or contact us online.