Fraud Definition

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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.

The Fraud Act 2006 replaced a number of specific offences in the Theft Acts 1968 and 1978 with a general offence of fraud and with an offence of obtaining services dishonestly (s 11).

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Influencer risk assessment—checklist

Influencer risk assessment—checklist Influencers are so named because of their extensive social media following. They have a self-selecting, trusting audience that can typically be categorised by age, sex, location and/or interest. By using influencers effectively, brands can deliver targeted messages to large, interested groups and crucially, those messages are being delivered by a trusted source. Brands commonly work with influencers by: • paying influencers to post particular content (ie advertorials), and/or • providing affiliate links or discount codes to be included in posts where the influencer gets paid for every ‘click-through’ or sale tracked back to the influencer’s content (ie affiliate marketing) An influencer is effectively a business partner and should be carefully chosen to minimise potential damage and maximise the success of the campaign. This Checklist outlines key points to consider prior to engaging with an influencer for a specific project. Regulation of influencer advertising The primary legislation applicable to influencer advertising is Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), which regulates unfair and misleading business-to-consumer commercial practices....

Commercial contract review and execution (business personnel)—checklist

Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...

Discover our 10 Checklists on Fraud

Possessing or making articles for use in fraud

It is an offence for a person to possess, or have under their control, any article for use in the course of or in connection with fraud under section 6 of the Fraud Act 2006 (FrA 2006). The elements of the offence are that the defendant:•had in their possession or had in their control•an article•for use in the course of or in connection with any fraudThe Explanatory Notes to FrA 2006 set out that the wording of this offence draws on the offence of 'going equipped' in section 25 of the Theft Act 1968 and is essentially an extension of that offence. However, the offence under FrA 2006, s 6 is wider as it can be committed without the defendant leaving home.The offence is also based on the case law relating to the mental element of the offence of 'going equipped', which established that proof is required that the defendant had the article for the purpose or with the intention that it be used in the course of or in...

Sentencing fraud offences committed by individuals

The Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of the Theft Act 1968 or conspiracy to defraud under the common law for use in the magistrates’ court here and for use in the Crown Court (the Fraud Guidelines) here. The Fraud Guidelines apply to all individual offenders aged 18 and older sentenced on or after 1 October 2014, regardless of the date of the offence. The SC also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises, see Practice Note: Sentences imposed following conviction. Among these, the General guideline—overarching principles (the General guideline) is specifically designed to be used in conjunction with offence specific guidelines and covers seriousness as well as providing expanded explanations for aggravating and mitigating factors, culpability and harm, see Practice Note: Sentencing Council General Guideline—overarching principles—Using the General Guideline in...

Discover our 90 Practice Notes on Fraud

Consultancy agreement—company and individual—pro-client (short form)

Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...

Distribution agreement—non-exclusive—short form

Distribution agreement—non-exclusive—short form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where “control” means the beneficial ownership of...

Dive into our 157 Precedents related to Fraud

If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record?

If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record? As was noted in Phonographic Performance Ltd v Ellis (t/a Bla Bla Bar), the power to imprison for contempt of court arises out of the inherent jurisdiction of the Court, but is subject to the provisions of the Contempt of Court Act 1981 (CCA 1981). By virtue of CCA 1981, s 14 a sentence of imprisonment may be imposed for contempt of court, but for no more than two years (see also Palmer v Tsai). This is limited to a period of one month for committal ordered by the inferior courts. Further, specific statutory powers may limit the period further. The CCA 1981 does not expressly make contempt of court a criminal offence. Whether the contempt is a criminal offence is a question of whether the form of contempt is a civil or criminal contempt. As was noted in Re: Yaxley-Lennon: ‘It is...

Is there a publically searchable record of companies which have criminal records?

Is there a publically searchable record of companies which have criminal records? Certain regulators maintain publically searchable databases of companies (and individuals) who have been convicted of certain offences. For example, see: • HSE’s prosecution database • Serious Fraud Office database In addition to this, certain regulators issue press releases on their websites

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FCA's regulatory plans signal cause for cautious optimism

Law360, Expert analysis: The Financial Conduct Authority's (FCA) 2025-2030 strategy document, released on 25 March 2025, identifies the following priorities: (i) fighting financial crime, (ii) helping consumers, (iii) supporting growth, and (iv) being a smarter regulator. Regulated firms that delve a little deeper into the strategy can find some less predictable, but welcome messages including a commitment to taking a more flexible approach to supervising the largest firms, the removal of redundant requirements in areas such as commercial insurance and asset management, as well as forthcoming reviews. Written by Imogen Makin, counsel at WilmerHale

SFO issues new guidance on corporate self-reporting and DPAs

The Serious Fraud Office (SFO) has published guidance establishing that corporates who self-report wrongdoing and fully cooperate can expect to negotiate a Deferred Prosecution Agreement (DPA) rather than face prosecution. The guidance introduces a secure reporting portal and sets specific timeframes for SFO responses, including 48-hour initial contact and six-month investigation decisions. It defines genuine cooperation criteria and forms part of the SFO's broader initiative to enhance fraud investigation processes, including planned whistleblower incentives and disclosure reform.

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7 Limits on period of detention without charge

In section 42(1) of the 1984 Act (conditions to be satisfied before detention without charge may be extended from 24 to 36 hours), for paragraph (b) there is substituted—“(b) an offence for which he is under arrest is an arrestable offence; and”.

Fraud is referenced 2 in UK Parliament Acts

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