With the Fraud Act becoming effective from Monday 15 January, KPMG Forensic has warned any prospective fraudsters that the Act is likely to lead to a greater number of successful prosecutions.
The Act creates, for the first time, a specific offence of fraud, split into three principal categories: fraud by false representation (under which ID theft could fall), fraud by failure to disclose information, and fraud by abuse of position.
As well as creating these specific offences, the Act will also make it easier to prosecute defendants as it focuses on what the perpetrator intended rather than what necessarily resulted - a major change of emphasis in the law. Whereas under previous law, the prosecution in a case would have had to show that a victim believed in or acted upon the actions of the defendant, and that the defendant either made a gain or the victim suffered a loss, under the new Act this will no longer be necessary - the mere intention to cause these is now the crucial point, and there does not even have to be an identifiable victim.
See full Press Release.
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