Summary
Summary s4 Fraud- By abuse of position
- Module
- Criminal liability
- Institution
- Aston University, Birmingham (Aston)
Detailed summery of s4 Fraud with relevant case law.
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FraudByabuseofpositionsabyabuseofposition
D occupies a position inwhichhe isexpectedto safeguardor not actagainstthefinancialint
restof another
where Ddishonestly
Abusesthisposition
gainforhimself or anothercauselossto another orexposeanotherto therisk
intendingbythis
ofloss
ActusReus Doccupies a positionin whichhe isexpectedtosafeguard or notactagainstthefinancialinterestof
thecruxofthisoffencethefinancial dishonestabuseof aprivilegedpositionoftrust
many
nodaefnition
couldbefiancias
Lawcommissionreport
Dabusesthisposition
can be conductedby act oromissionsucaemployeefailstoperformdutyundercontractso arivalc ompany
obtainslucrativecontract
Homeofficegivenrelevantpositions Dhasaccesstou'spremisesect
Employer Employee
valujens2014includedGang
m asters
canincludefinancial mis
governancebypublicofficials
2009
Marshall
carehomeworkerm isusingelderly
pplsbanka ccounts
Dabusesposition
nodefinitionexamplesofuablityinclude
an Employeeofa softwarecompanyuseshispositiontoclonesoftwareproductswiththe
intentionofsellingtheproductson
Anestateagentvalues a house belonging to anelderlyperson at anartificiallylow
price andthen arranges forhisbrotherto purchasethishouse
Theoffencecanalsobecommunicated by anommis
ion eg
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