The Accredited Counter Fraud Specialist Handbook

CHAPTER 2 The Fraud Act 2006 and fraud related legislation

CHAPTER SUMMARY

This chapter will explore legislation relating to fraud and associated offences that an ACFS needs to be aware of. The statutes discussed in detail include the Fraud Act 2006, Criminal Law Act 1977, Theft Acts of 1968 and 1978, Theft Amendment Act 1996, Bribery Act 2010 and Computer Misuse Act 1990 (including the relevant sections of the Police and Justice Act 2006). Where applicable, the chapter will include relevant case law that is applicable to the ACFS role and offences under investigation. The chapter will conclude with an inventory of additional legislation that an ACFS needs to be aware of depending upon their organisation’s primary function.

INTRODUCTION

Prior to the Fraud Act 2006 there was no criminal offence of fraud within English legislation. When attempting to prosecute what we now refer to as fraud, an array of deception offences were utilised, including ‘obtaining property by deception’, ‘obtaining a money transfer by deception’, ‘obtaining a pecuniary advantage by deception’, ‘procuring the execution of a valuable security by deception’, ‘obtaining services by deception’ and ‘evasion of liability by deception’, all of which have been repealed following the enactment of the Fraud Act 2006. This range of highly specific offences resulted in a number of difficulties when attempting ...