Fraud by false representation

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Fraud by false representation
  • Fraud by false representation
  • What is a representation—general?
  • ‘False’ representation under the Fraud Act 2006
  • Dishonesty under the Fraud Act 2006
  • Making a gain or causing a loss
  • Fraud, theft and civil liability
  • Sentences for fraud by false representation
  • Appeals against sentences for fraud by false representation

Fraud by false representation

Fraud by false representation

Fraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006 (FrA 2006) offences to bite. The offence is determined entirely by the state of mind and actions of the defendant. If the defendant gets information by making a false representation, intending ultimately to make a gain or cause a loss, they will have committed an offence for the purposes of FrA 2006, s 1.

The elements of the offence of fraud by false representation (FrA 2006, s 2) are that the defendant:

  1. made

  2. a false representation

  3. dishonestly

  4. knowing that the representation was or might be untrue or misleading

  5. with intent to make a gain for themselves or another, to cause loss to another or to expose another to risk of loss

It is complete as soon as the defendant makes a false representation, if it is made with the necessary dishonest intent. It is irrelevant whether anyone is aware of the representation or is deceived by the representation. TA 1968 offence of deception required that the deception must precede the obtaining of property. Causation had to be proved

Related documents:

Popular documents