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"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 ...
Dishonesty has had a number of definitions. For many years, there were two views of what constituted dishonesty in English law.The first contention was that the definitions of dishonesty (such as those within the Theft Act 1968) described a course of action, whereas the second contention was that the definition described a state of mind.
R v Ghosh [1982] EWCA Crim 2 is an English criminal law case setting out a test for dishonest [a] conduct which was relevant as to many offences worded as doing an act dishonestly, such as deception, as theft, [1] as mainstream types of fraud, [2] and as benefits fraud.
The offence was created by section 16 [3] of the Theft Act 1968.At the time of its repeal it read: (1) A person who by any deception dishonestly obtains for himself or another any pecuniary advantage shall on conviction on indictment be liable to imprisonment for a term not exceeding five years.
Section 15B was repealed on the same date [2] by sections 14(1) and (3) and 15(1) of, and paragraph 3 of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006. The purpose of this offence was to fill the lacuna in the law identified by the decision in R v Preddy and Slade, R v Dhillon. [3] It implemented recommendations [4] of the Law Commission ...
Smyth faces four counts of fraud by abuse of position under the U.K. Fraud Act of 2006, and four counts of theft in violation of Northern Ireland's Theft Act of 1969, Nivison wrote.
The Law Commission has debated whether the requirement to prove dishonesty makes obtaining a conviction more difficult, and whether the law should be reformed to make the offences conduct based. The conclusion was that juries are not confused by the need to consider dishonesty as a separate element from deception and that this aspect of the law ...
The former chief financial officer at Tom Girardi's law firm agreed on Tuesday to plead guilty to federal fraud charges, acknowledging that he and Girardi worked side-by-side to swindle clients ...