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Fraud can be defined as either a civil wrong or a criminal act. For civil fraud, a government agency or person or entity harmed by fraud may bring litigation to stop the fraud, seek monetary damages, or both. For criminal fraud, a person may be prosecuted for the fraud and potentially face fines, incarceration, or both.
"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.
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In law, fraud is an intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law or criminal law, or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. [1]
A "representation" is a pre-contractual statement made during negotiations. [4] If a representation has been incorporated into the contract as a term, [5] then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has become a term include: The relative expertise of the parties. [6] [7]
The 50-year-old businessman, who lives in Murton Village, Newcastle, pleaded not guilty to nine criminal charges including fraud by abuse of position, fraud by false misrepresentation and money ...
In the United Kingdom, Ronan Deazley and Robert Sullivan argue that terms which require users to pay a licence fee for what should be fair dealing as permitted by copyright law could be in breach of section 2 of the Fraud Act 2006, and constitute the offence of fraud by false representation. [31]
A former MP accused of making fraudulent expense claims to fund a drug habit was thousands of pounds “in debt with a dealer”, a court has heard.