Criminal Fraud by False Representation: What Is It and What about Fraud Punishment
On the pages of our blog, we repeatedly talk about fraud: how to recognize and avoid it. However, today we will approach this topic from a legal point of view. What do you know about false representation? According to the name, this is when someone provides false information to gain benefits. However, in the UK, this type of fraud has long been designated. In 2006, a new law was passed, which was able to clarify the inaccuracies of the previous one. The Fraud Act’s main purpose is to simplify the process of referring cases to court and to solve the problem of duplication and an excessive number of identical crimes. The Act has a long-term perspective and has been successfully operating for 24 years. Today we want to look at the fraud by false representation. This is the first type of crime to which several sections of the law are dedicated. It can be divided by:
- Attempted fraud by false representation. First, the crime must be intentional. If a person attempted to cheat, but it failed for a reason that did not depend on the fraudster, he/she will be punished. You also need to consider intent. If someone provided information with the intention of deceiving, but in the end, it turned out to be true, this does not cancel the possibility of prosecution.
- Conspiracy to commit fraud by false representation. As you might have already figured out, there is always more than one person involved. The performer may be one person, but not only he/she plays a role in planning. For example:
- Using someone else’s credit card to shop online.
- Bank fraud collusion. Impersonating another person to gain access to their accounts.
- Stock scams. More complex schemes are usually at play here. The scammer impersonates another person and buys shares with a third party’s credit card. And then sells them fraudulently.
What Is Fraud by False Representation?
To understand what it is, you need to consider this question through a psychological prism. Anyone who has reached the age of criminal responsibility can get fraud charges. Imagine that you are sworn. You will need to consider the essence of the case regarding the goal and subjectively.
- The first thing you need is to determine whether the intended crime has been honest and within the framework of the law. If so, it’s closed. Ifnot, then you can go to the next element.
- Subjective discretion element. You must take into account whether the defendant knows about its dishonesty. This is a thin face. After all, if the answer is negative, it means that the accused became a victim of fraud. But most often, the accused knows. Many lawyers love to give the example of Robin Hood. This character has been stolen from the rich and distributed to the poor. If he appeared before our justice, he would be convicted. And prison for fraud is the most predictive scenario. After all, even the personal beliefs of the accused in honesty and the morality of his actions, do not make a lie to the truth, and the crime to a good. Let us bring some examples for what fraud punishment can be:
- “Selling a phone in perfect condition.” But in fact, the speaker does not work there or some other problem.
- “My grandmother asked me to sell her washing machine.” And the truth is that it was stolen, and the owner does not even know about the sale.
- Providing fake documents at the bar.
- If you know that your membership in a club has expired, but you continue to go there.
Is This Fraud a Criminal Offence?
This is a serious criminal offense. A person found guilty may be subject to fine or imprisonment. What is the maximum sentence for fraud? This is 10 years, however, in the history of the UK judicial practice, such a punishment is extremely rare. Also cases recognized as minor can be considered in simplified production. This means that the case will be discussed for a couple of meetings. Sentencing for fraud is not always enough. The accused can also discover the income from criminal activity. And as a result, confiscation of property.
What to Do If I Can Get Fraud Sentencing?
You will find out that an investigation is being conducted against you only after an official summons for interrogation. Until then, the police have only the right to observe. After formal charges are filed, the court can issue a search warrant. Be sure to contact a lawyer. It is best to find a specialist who has experience in fraud penalties. A lawyer during interrogation will be able to help you find out all the information, because the police may not say a lot at the beginning. Why is this and is it legal? Yes, that way they will expect you to give evidence against you. However, you can be just a victim whose data was used, right? You may also be bound by an injunction. This effectively freezes your assets pending the results of the investigation. This can make life very difficult, especially since a fraud investigation can take months or even years. And without competent legal assistance, it is more than possible to get fraud sentencing. To keep your family and yourself out of trouble, try to clear the charges before you go to court. According to statistics, cases of using someone else’s data are often provable.
We hope that you will not get into similar situations and do not take advantage of the temptation to lie to gain benefit for yourself. Thank you for reading the article to the end. See you very soon on the pages of our blog!
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