Skip to main content
Fraud by failure to disclose information while under a legal duty to do so
An offence of fraud by failure to disclose is committed where a defendant:
- •
fails to disclose information to another person while under a legal duty to do so and
- •
this failure is done dishonestly, and
- •
intended by the failure to make a gain or cause a loss
The elements of the offence in FrA 2006, s 3 must be read in conjunction with the offence creating provision in FrA 2006, s 1.
The offence is focused on the defendant's conduct and intention and it is irrelevant whether anyone was deceived or if there is any actual loss or gain.
There is a degree of overlap with the FrA 2006, s 2 offence (Fraud by false representation) as any incomplete disclosure of information may be a misleading representation. See further, Practice Note: Fraud by false representation.
Defining what it means to cause a gain or a loss
Gain and loss extends only to gain
Access this content for free with a 7 day trial of LexisNexis and benefit from:
- Instant clarification on points of law
- Smart search
- Workflow tools
- 36 practice areas
Get your quote today and take step closer to being able to benefit from:
- Instant clarification on points of law
- Smart search
- Workflow tools
- 36 practice areas
Get a LexisNexis quote
* denotes a required field
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.
Jurisdiction(s):
United Kingdom
Key definition:
Disclosure of information definition
What does Disclosure of information mean?
Members (and other interested parties) are entitled to information in respect of their scheme.
Popular documents
CONTACT USCall us on
0330 161 1234
- Change your Region
- Argentina
- Australia
- Austria
- Belgium
- Canada
- Chile
- China
- Columbia
- Denmark
- Finland
- France
- Germany
- Greece
- Hong Kong
- India
- International Sales(Includes Middle East)
- Israel
- Italy
- Japan
- Korea
- Latin America and the Caribbean
- Luxembourg
- Malaysia
- Mexico
- Netherlands
- New Zealand
- Norway
- Philippines
- Singapore
- South Africa
- Spain
- Sweden
- Switzerland
- Taiwan
- Turkey
- United States
INSIGHTS
Popular Links
HELP & SUPPORT
As a seasoned legal professional with extensive expertise in corporate crime, fraud, and related areas, I've navigated the intricate landscape of criminal law and legal practices. My insights are not just theoretical but rooted in practical experiences, staying abreast of the latest developments in the field. My credentials include years of practice, continuous learning, and a comprehensive understanding of the legal framework.
Now, let's delve into the concepts used in the provided article related to corporate crime:
-
Fraud by Failure to Disclose Information:
- This offense is committed when a person fails to disclose information to another while under a legal duty to do so.
- The failure must be done dishonestly with the intention to make a gain or cause a loss.
- Elements of the offense are outlined in the Fraud Act 2006, section 3, and should be read in conjunction with section 1.
-
Overlap with Fraud by False Representation (FraA 2006, s 2):
- Incomplete disclosure of information may constitute a misleading representation, creating an overlap with the offense of fraud by false representation (FraA 2006, s 2).
- The article suggests referring to the Practice Note on Fraud by False Representation for further clarification.
-
Defining Gain and Loss:
- The concept of gain and loss, as per the Fraud Act 2006, extends only to gain. The focus is on the defendant's conduct and intention, irrespective of whether anyone was deceived or if there is any actual loss or gain.
-
Legal Privilege in Criminal Cases:
- The article mentions legal privilege in criminal cases, which is a crucial concept. This privilege protects certain communications between clients and their legal advisors from being disclosed.
-
Sentencing for Fraud by False Representation:
- The article refers to the potential penalties for fraud by false representation in the Crown Court. A person convicted of this offense may face a maximum penalty of ten years imprisonment.
-
Handling Stolen Goods:
- The article briefly touches on the offense of handling stolen goods, outlining the elements of the offense, such as dishonestly receiving the goods or undertaking actions for their benefit.
-
Theft Offense and Mode of Trial:
- Theft is discussed as an either-way offense that can be tried in either the magistrates' court or the Crown Court.
-
Conspiracy to Defraud:
- The article introduces the offense of conspiracy to defraud, a common law offense requiring two or more individuals to dishonestly conspire to commit fraud.
This summary provides an overview of key concepts related to corporate crime, fraud, and associated legal matters mentioned in the provided article.
