The Government has recently introduced new changes to the criminal law which gives businesses a new weapon against fraudsters and has completely changed the old laws on such offences. It had often been difficult to secure a prosecution under the old law but the new Act creates new offences and also criminalises behaviour which previously would have been the subject of a civil dispute.
 
The new fraud offences are

Fraud by false representation - is committed when a false representation is made which the person making it knew was or might be false which was made with the intent to make a gain or cause loss;

Fraud by failing to disclose information - committed where someone fails to disclose information which they are under a legal duty to disclose and which is withheld with the intent of making a gain or causing a loss; and

Fraud by abuse of position - committed when someone in a position of trust acts dishonestly with the intention of making a gain or causing a loss.
 
Finally there is a new offence of obtaining services dishonestly which is where someone obtains a service for which payment is due and they fail to pay in whole or part and if that is done where payment should be avoided a criminal offence has been committed.
 
If you have any queries whether you have been the victim of fraud or it has been alleged that you have committed a fraud then please contact Simon King on 01623 655666

This article is for the purpose of general awareness only and the law may have changed since it was originally published.  It does not constitute legal or professional advice and readers should not act on the basis of the information included.  Readers should take appropriate advice upon their own particular circumstances.

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