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Criminal Law Fraud From Wikipedia, the free encyclopedia Criminal law Part of the common law series Elements Actus reus Mens rea Causation Concurrence Scope of criminal liability Complicity Corporate Vicarious Seriousness of offense Felony Infraction (also called Violation) Misdemeanor Inchoate offenses Attempt Conspiracy Incitement Solicitation Offence against the person Alienation of affection Assassination Assault Battery Bigamy Criminal negligence False imprisonment Home invasion Homicide Kidnapping Manslaughter (corporate) Mayhem Murder corporate Negligent homicide Public indecency Rape Robbery Sexual assault Statutory rape Vehicular homicide Crimes against property Arson Blackmail Bribery Burglary Embezzlement Extortion False pretenses Fraud Larceny Payola Pickpocketing Possessing stolen property Robbery Smuggling Tax evasion Theft Crimes against justice Compounding Malfeasance in office Miscarriage of justice Misprision Obstruction Perjury Perverting the course of justice Victimless crimes Adultery Apostasy Blasphemy Buggery Providing Contraception information(Comstock law) Criminal conversation Dueling Fornication Gambling Adult Incest Interracial marriage Lewd and lasciviousbehavior Masturbation Creation ofObscenity Prostitution Recreational drug use (including alcohol, when prohibited) Sale of sex toys Sodomy Labor strike Suicide Crimes against animals Cruelty to animals Wildlife smuggling Bestiality Defences to liability Automatism Consent Defence of property Diminished responsibility Duress Entrapment Ignorantia juris non excusat Infancy Insanity Justification Mistake (of law) Necessity Provocation Self-defence Other common-law areas Contracts Evidence Property Torts Wills, trusts and estates Portals Criminal justice Law v t e Part of the common law series Tort law Intentional torts Assault Battery False imprisonment Intentional infliction of emotional distress Transferred intent Property torts Trespass land chattels Conversion Detinue Replevin Trover Defenses Assumption of risk Comparative negligence Contributory negligence Consent Necessity Statute of limitations Self-defense Defense of others Defense of property Shopkeeper's privilege Negligence Duty of / standard of care Proximate cause Res ipsa loquitur Calculus of negligence Rescue doctrine Duty to rescue Negligent infliction of emotional distress Employment-related Entrustment Malpractice legal medical Liability torts Product liability Quasi-tort Ultrahazardous activity Nuisance Public nuisance Rylands v Fletcher Dignitary torts Defamation Invasion of privacy False light Breach of confidence Abuse of process Malicious prosecution Alienation of affections Criminal conversation Seduction Breach of promise Economic torts Fraud Tortious interference Conspiracy Restraint of trade Liability and remedies Last clear chance Eggshell skull Vicarious liability Volenti non fit injuria Ex turpi causa non oritur actio Neutral reportage Damages Injunction Torts and conflict of laws Joint and several liability Comparative responsibility Market share liability Duty to visitors Trespassers Licensees Invitees Attractive nuisance Other common law areas Contracts Criminal law Evidence Property Wills, trusts, and estates Law portal v t e In law, fraud is deliberate deception to secure unfair or unlawful gain. Fraud is both a civil wrong (i.e., a fraud victim may sue the fraud perpetrator to avoid the fraud and/or recover monetary compensation) and a criminal wrong (i.e., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities). The purpose of fraud may be monetary gain or other benefits, such as obtaining a drivers license by way of false statements.[1] A hoax is a distinct concept that involves deception without the intention of gain or of materially damaging or depriving the victim. Contents [hide] 1 As a civil wrong 2 As a criminal offence 3 In non-common law systems 4 By region o 4.1 Canada o 4.2 United Kingdom . 4.2.1 England and Wales and Northern Ireland . 4.2.2 Serious Fraud Office . 4.2.3 National Fraud Authority . 4.2.4 CIFAS - The UK's Fraud Prevention Service o 4.3 United States 5 Cost 6 Types of fraudulent acts 7 Anti-fraud movements 8 Detection 9 Notable fraudsters 10 Related 11 See also 12 References 13 Further reading 14 External links As a civil wrong[edit] In common law jurisdictions, as a civil wrong, fraud is referred to as a tort. While the precise definitions and requirements of proof vary among jurisdictions, the requisite elements of fraud as a tort generally are the intentional misrepresentation or concealment of an important fact upon which the victim is meant to rely, and in fact does rely, to the harm of the victim.[2] Proving fraud in a court of law is often said to be difficult.[3] That difficulty is found, for instance, in that each and every one of the elements of fraud must be proven, that the elements include proving the states of mind of the perpetrator and the victim, and that some jurisdictions require the victim to prove fraud with so- called clear and convincing evidence.[4] The remedies for fraud may include rescission (i.e., reversal) of a fraudulently obtained agreement or transaction, the recovery of a monetary award to compensate for the harm caused, punitive damages to punish or deter the misconduct, and possibly others.[4] In cases of a fraudulently induced contract, fraud may serve as a defense in a civil action for breach of contract or specific performance of contract. Fraud may serve as a basis for a court to invoke its equitable jurisdiction. As a criminal offence[edit] In common law jurisdictions, as a criminal offence, fraud takes many different forms, some general (e.g., theft by false pretense) and some specific to particular categories of victims or misconduct (e.g., bank fraud,insurance fraud, forgery). The elements of fraud as a crime similarly vary. The requisite elements of perhaps most general form of criminal fraud, theft by false pretense, are the intentional deception of a victim by false representation or pretense with the intent of persuading the victim to part with property and with the victim parting with property in reliance on the representation or pretense and with the perpetrator intending to keep the property from the victim.[5] In non-common law systems[edit] In civil law systems and other legal systems, the concept of fraud seems to exist, but its elements and application may or may not vary substantially from the common law system concepts discussed in this article. By region[edit] Canada[edit] Section 380(1) of the Criminal Code provides the general definition for fraud in Canada: 380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service, (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or (b) is guilty (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or (ii) of an offence punishable on summary conviction, where the value of the subject-matter of the offence does not exceed five thousand dollars.[6] In addition to the penalties outlined above, the court can also issue a prohibition order under s. 380.2 (preventing a person from "seeking, obtaining or continuing any employment, or becoming or being a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person"). It can also make a restitution order under s. 380.3.[7] The Canadian courts have held that the offence consists of two distinct elements: A prohibited act of deceit, falsehood or other fraudulent means. In the absence of deceit or falsehood, the courts will look objectively for a "dishonest act"; and The deprivation must be caused by the prohibited act, and deprivation must relate to property, money, valuable security, or any service.[8] The Supreme Court of Canada has held that deprivation is satisfied on proof of detriment, prejudice or risk of prejudice; it is not essential that there be actual loss. [9] Deprivation of confidential information, in the nature of atrade secret or copyrighted material that has commercial value, has also been held to fall within the scope of the offence.[10] United Kingdom[edit] England and Wales and Northern Ireland[edit] Main article: Fraud Act 2006 The BBC World service reported in 2012 that the estimated value lost through fraud in the UK was $100 billion (£66 billion) a year.[11] The Fraud Act 2006 (c 35) is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.[12] The Act gives a statutory definition of the criminal offence of fraud, defining it in three classes—fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment
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