Fraud by false representation

Published by a LexisNexis Corporate Crime expert
Practice notes

Fraud by false representation

Published by a LexisNexis Corporate Crime expert

Practice notes
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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 an offence 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 is 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 the risk of loss

Fraud by false representation applies to a broad range of conduct. No gain or loss need actually be made, and no deception need actually result from a representation

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Jurisdiction(s):
United Kingdom
Key definition:
Fraud definition
What does Fraud mean?

The offence of fraud under the Fraud Act 2006, s 1, may be committed by: (a) dishonestly making a false representation (to a person, or to any system or device) with a view to gain or with intent to cause loss or expose to a risk of loss; (b) dishonestly (and with a view to gain or with intent to cause loss, etc) failing to disclose information when under a legal duty to disclose it; or (c) dishonest abuse of position, with a view to gain or to cause loss, etc. It is irrelevant whether gain, loss or exposure to loss actually occurs.

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