Ziggiesden
On Moderation
Moderator note: moved from LNER Advanced Quotas thread
Economic Crime and Corporate Transparency Act: failure to prevent fraud offence - GOV.UK
I've pasted this in here in relation to a thread point above - wouldn't all go in - relevant for you guys in other countries too.
Most of you will be unaware of this legislation (basically to catch out malpractice in larger organisations) due to become law in September this year but since it is relevant to us as a large organisation you would be wise to read up on it, as you will see, Fraud in Scotland has a wide scope and is relevant to doing your Duty to the Consumer e.g. Passenger - it will be interesting to see how case law develops:
WHEN IS AN OFFENCE COMMITTED?
Common law fraud:
Common law fraud is the common ‘catch all’ for most fraud prosecutions in Scotland.
Fraud is committed when someone achieves a practical result by the means of an intentional false pretence or dishonest misrepresentation. In other words, where a deliberate deception is used to cause someone to do something they would not otherwise have done. There must be a causal connection between the deception and the practical result.
The range of false pretences observed in Scottish courts is incredibly wide, from outright lies to implied representations or suggestions of something which was untrue, including silence as to the truth in certain circumstances. An omission can be sufficient if the accused is under a duty to make a representation.
The false pretence must have a "practical result". Any practical result will suffice. There is no minimum requirement of loss for the offence, nor is there any need for the perpetrator to have gained as a consequence.
If the practical result is not achieved there may be a prosecution for attempted fraud.
Note:
Employees of companies and other organisations can commit fraud in a wide variety of ways – for example, by dishonest sales practices or hiding important information from consumers.
We have streamlined the offence by limiting it to fraud and false accounting, keeping money laundering responsibilities contained under the existing regulatory regime.
Economic Crime and Corporate Transparency Act: failure to prevent fraud offence - GOV.UK
I've pasted this in here in relation to a thread point above - wouldn't all go in - relevant for you guys in other countries too.
Most of you will be unaware of this legislation (basically to catch out malpractice in larger organisations) due to become law in September this year but since it is relevant to us as a large organisation you would be wise to read up on it, as you will see, Fraud in Scotland has a wide scope and is relevant to doing your Duty to the Consumer e.g. Passenger - it will be interesting to see how case law develops:
WHEN IS AN OFFENCE COMMITTED?
Common law fraud:
Common law fraud is the common ‘catch all’ for most fraud prosecutions in Scotland.
Fraud is committed when someone achieves a practical result by the means of an intentional false pretence or dishonest misrepresentation. In other words, where a deliberate deception is used to cause someone to do something they would not otherwise have done. There must be a causal connection between the deception and the practical result.
The range of false pretences observed in Scottish courts is incredibly wide, from outright lies to implied representations or suggestions of something which was untrue, including silence as to the truth in certain circumstances. An omission can be sufficient if the accused is under a duty to make a representation.
The false pretence must have a "practical result". Any practical result will suffice. There is no minimum requirement of loss for the offence, nor is there any need for the perpetrator to have gained as a consequence.
If the practical result is not achieved there may be a prosecution for attempted fraud.
Note:
Employees of companies and other organisations can commit fraud in a wide variety of ways – for example, by dishonest sales practices or hiding important information from consumers.
We have streamlined the offence by limiting it to fraud and false accounting, keeping money laundering responsibilities contained under the existing regulatory regime.