Saturday, May 09, 2009
Fraud Act 2006
section 4
Fraud by abuse of position
(1) A person is in breach of this section if he—
(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(MPs position is there to safeguard the financial interests of the electorate ie the taxpayer)
(b) dishonestly abuses that position, and
(Any dishonest action which breaks the rules of the position (ie the Green Book guidelines) Signing a form is dishonest if you havn’t checked it)
(c) intends, by means of the abuse of that position—
(i) to make a gain for himself or another, or
(directly benefits financially from this dishonest action)
(ii) to cause loss to another or to expose another to a risk of loss.
(Any false claim paid for by the taxpayer would fall under this category)
(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.
(Ommision rather than action still an abuse, so that would cover signing off an expenses claim without reading it)
So Ms Smith
1a. occupies position of authority (MP)
1b. dishonestly makes a false claim (Dishonesty through signing a claim form without checking it you know that little bit of writing beside your signature on every government form)
1ci Gains financially we pay for her porno
1cii Taxpayers incure a financial loss
2 Abuse as a result of an ommission not checking forms before signing off still an abuse
IMO: Looks about right, doesn't it ? Pretty good jail sentences, very tasty looking. But we have to be careful in commenting about the Act, and I quote the above "for information only".
Fraud by abuse of position
(1) A person is in breach of this section if he—
(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(MPs position is there to safeguard the financial interests of the electorate ie the taxpayer)
(b) dishonestly abuses that position, and
(Any dishonest action which breaks the rules of the position (ie the Green Book guidelines) Signing a form is dishonest if you havn’t checked it)
(c) intends, by means of the abuse of that position—
(i) to make a gain for himself or another, or
(directly benefits financially from this dishonest action)
(ii) to cause loss to another or to expose another to a risk of loss.
(Any false claim paid for by the taxpayer would fall under this category)
(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.
(Ommision rather than action still an abuse, so that would cover signing off an expenses claim without reading it)
So Ms Smith
1a. occupies position of authority (MP)
1b. dishonestly makes a false claim (Dishonesty through signing a claim form without checking it you know that little bit of writing beside your signature on every government form)
1ci Gains financially we pay for her porno
1cii Taxpayers incure a financial loss
2 Abuse as a result of an ommission not checking forms before signing off still an abuse
IMO: Looks about right, doesn't it ? Pretty good jail sentences, very tasty looking. But we have to be careful in commenting about the Act, and I quote the above "for information only".
# posted by uv : 7:19 AM
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