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

This Practice Note covers the offence of fraud by false representation. You may also be interested in the following Practice Notes:

  1. Fraud by failure to disclose and abuse of position

  2. Obtaining services dishonestly under the Fraud Act 2006

  3. Possessing or making articles for use in fraud

  4. Conspiracy to defraud

  5. Internal company fraud investigations

For civil fraud claims, see: Civil fraud—overview.

Fraud by false representation

Fraud by false representation is criminalised under section 2 of the Fraud Act 2006 (FrA 2006), when read in conjunction with FrA 2006, s 1.

The elements of the offence are:

  1. making

  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

The offence 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. The offences under the preceding legislation (the Theft Act 1968 (TA 1968)), the offence of deception, required that the deception must precede the obtaining of property. Causation had to be proved as part of the prosecution case to show that the deception operated on the mind of the person alleged

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