The Fraud Act 2006 (c 35) is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.

The Fraud Act 2006 should be read in conjunction with the The Serious Organised Crime and Police Act 2005 and the Proceeds of Crime Act 2002.

FRAUD ACT 2006

Section 4    -    Fraud by abuse of position  [such as a planning or police officer]

(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.

THEY ARE ALL AT IT - British banks are stealing money from accounts and causing significant problems (losses) for small firms and not for profit organisations. It may only be a few pounds here and another hundred there, but it all mounts up and the British police are not at all interested in mounting any kind of prosecution - or forcing the directors of these banks to accept a caution.

If you have suffered any loss, tangible or intangible, we would like to hear from you. Take a look at section 4 of the Fraud Act 2006. They are in positions of trust, but are abusing your trust - knowing that they will get away wi

PURPOSE

The 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. This Act largely replaces the laws relating to obtaining property by deception, obtaining a pecuniary advantage and other offences that were created under the Theft Act 1978. These offences attracted much criticism for their complexity and difficulty in proving at court. Much of the Theft Act 1978 has been repealed, however, the offence of making off without payment, defined under section 3 has not been affected.

1. "Fraud by false representation" is defined by Section 2 of the Act as a case where a person makes "any representation as to fact or law ... express or implied" which they know to be untrue or misleading.

2. "Fraud by failing to disclose information" is defined by Section 3 of the Act as a case where a person fails to disclose any information to a third party when they are under a legal duty to disclose such information.

3. "Fraud by abuse of position" is defined by Section 4 of the Act as a case where a person occupies a position where they are expected to safeguard the financial interests of another person, and abuses that position; this includes cases where the abuse consisted of an omission rather than an overt act.

In all three classes of fraud, it requires that for an offence to have occurred, the person must have acted dishonestly, and that they had to have acted with the intent of making a gain for themselves or anyone else, or inflicting a loss (or a risk of loss) on another.

GAIN AND LOSS

A "gain" or a "loss" is defined to consist only of a gain or a loss in money or property (including intangible property), but could be temporary or permanent. A "gain" could be construed as gaining by keeping their existing possessions, not just by obtaining new ones, and loss included losses of expected acquisitions, as well as losses of already-held property.

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LINKS & REFERENCE

Action fraud police UK

http://www.actionfraud.police.uk/

https://www.ncsc.gov.uk/

http://www.legislation.gov.uk/ukpga/2006/35/contents

http://en.wikipedia.org/wiki/Fraud_Act_2006