Employee Fraud - Fraud Act 2006

Employee fraud continues to rise as the recession continues to bite - however,  the Fraud Act 2006 provisions make it easier to obtain convictions for fraud a than was possible under the predecessor legislation.

Under the Act, fraud offences are:

  • fraud by false representation. This is committed when a false representation is made which the person making it knew was or might be false and which was made with the intent to make a gain or cause loss;
  • fraud by failing to disclose information. This is committed when the perpetrator fails to disclose information which he is 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. This is committed when the perpetrator is in a position of trust and acts dishonestly with the intention of making a gain or causing a loss.

There is also an offence of obtaining services dishonestly. This involves obtaining services for which payment is due and failing to pay, in whole or in part, where this is done with the intent that payment will be avoided.

Click here for advice on reducing the risk of employee fraud.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Ask a free legal question

Complete this simple form if you
would like to ask us a
free legal question
 

What Our Clients Say

We would like to thank you for the superb work and attention to detail that has gone into our dispute with the council so far! 

Our Architect put together a very professional document which was further enhanced and polished by your very professional input. 

You are in fact unique in my personal experience of the legal profession in that you take your duty of care very seriously. It is obvious that the outcome concerns you greatly and your determination to win is much appreciated!

Thank you from us both. 

Best Regards
 
Mr and Mrs X, Surrey