Email sent – 31 August 2009 07:01

Dear Mr Majothi

From the Fraud Act 2006:-

Fraud

1 Fraud

(1) A person
is guilty of fraud if he is in breach of any of the sections listed in
subsection (2) (which provide for different ways of committing the offence).

(2) The
sections are—

(a) section
2 (fraud by false representation),

(b) section
3 (fraud by failing to disclose information), and

(c) section
4 (fraud by abuse of position).

(3) A person
who is guilty of fraud is liable—

(a) on
summary conviction, to imprisonment for a term not exceeding 12 months or to a
fine not exceeding the statutory maximum (or to both);

(b) on
conviction on indictment, to imprisonment for a term not exceeding 10 years or
to a fine (or to both).

(4) Subsection
(3)(a) applies in relation to Northern Ireland as if the reference to 12 months
were a reference to 6 months.

2 Fraud by false
representation

(1) A person
is in breach of this section if he—

(a) dishonestly
makes a false representation, and

(b) intends,
by making the representation—

(i) to make
a gain for himself or another, or

(ii) to cause
loss to another or to expose another to a risk of loss.

(2) A
representation is false if—

(a) it is
untrue or misleading, and

(b) the
person making it knows that it is, or might be, untrue or misleading.

(3) “Representation”
means any representation as to fact or law, including a representation as to
the state of mind of—

(a) the
person making the representation, or

(b) any
other person.

(4) A
representation may be express or implied.

(5) For the
purposes of this section a representation may be regarded as made if it (or
anything implying it) is submitted in any form to any system or device designed
to receive, convey or respond to communications (with or without human
intervention).

3 Fraud by failing to
disclose information

A
person is in breach of this section if he—

(a) dishonestly
fails to disclose to another person information which he is under a legal duty
to disclose, and

(b) intends,
by failing to disclose the information—

(i) to make
a gain for himself or another, or

(ii) to cause
loss to another or to expose another to a risk of loss.

4 Fraud by abuse of
position

(1) A person
is in breach of this section if he—

(a) occupies
a position in which he is expected to safeguard, or not to act against, the
financial interests of another person,

(b) dishonestly
abuses that position, and

(c) intends,
by means of the abuse of that position—

(i) to make
a gain for himself or another, or

(ii) to cause
loss to another or to expose another to a risk of loss.

(2) A person
may be regarded as having abused his position even though his conduct consisted
of an omission rather than an act.

I think what has gone on over Harcourt Street and possibly over Mr Parnell, who
suffered a financial loss, is covered above.

I look forward to your comments.

Yours

Mrs
Sheila Oliver