Frauda și criminalitatea economică
Infracțiuni de fraudă, spălarea banilor, mita și veniturile din infracțiuni.
Introducere
Dreptul fraudei acoperă infracțiunile de înșelăciune financiară și spălarea banilor.
Principii fundamentale
Fraud by False Representation (s.2 Fraud Act 2006) — Dishonestly making a false representation, intending to make a gain or cause a loss.
Fraud by Failing to Disclose Information (s.3) — Dishonestly failing to disclose information where there is a legal duty to do so.
Fraud by Abuse of Position (s.4) — Dishonestly abusing a position of trust to make a gain or cause a loss.
Money Laundering — Under the Proceeds of Crime Act 2002, offences include concealing, arranging, and acquiring criminal property. Regulated sectors have reporting duties (SARs).
Bribery — The Bribery Act 2010 criminalises bribing another person, being bribed, and bribing a foreign public official. Section 7 creates corporate liability for failing to prevent bribery.
Confiscation Orders — Courts can make confiscation orders under POCA to recover the benefit obtained from criminal conduct.
Corporate Criminal Liability — The Economic Crime (Transparency and Enforcement) Act 2022 and Economic Crime and Corporate Transparency Act 2023 expand corporate liability.
Statute cheie
Fraud Act 2006
Proceeds of Crime Act 2002
Bribery Act 2010
Cazuri de referință
R v Ivey v Genting Casinos
[2017] UKSC 67
R v Ghosh
[1982] QB 1053
R v Hasan
[2005] UKHL 22
Scenarii comune
Employee committing expense fraud
Likely fraud by false representation (s.2 Fraud Act 2006) or fraud by abuse of position (s.4). Employer should report to Action Fraud and consider internal disciplinary proceedings.
Receiving money from unknown source
Could constitute money laundering under POCA 2002 if there are reasonable grounds to suspect the money is criminal property. Duty to file a Suspicious Activity Report (SAR).