Fraud by false representation


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert
Practice notes

Fraud by false representation


Published by a UUÂãÁÄÖ±²¥ 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 criminalised 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 was 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 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 for FrA

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Jurisdiction(s):
United Kingdom
Related legal acts:
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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