Thread: Swift-- THe Theft Act and The New Fraud Act 2006

For Folks who are thinking about using the New Fraud Act 2006 against Swift, must realise that this Act did not come into force until 1 January 2007.

Therefore if you took your loan out with Swift before this date you must consider using the Theft Act 1968 and this particular section, this has not been repealed by the New Fraud Act in any event .



sparkie



17 False accounting

(1)Where a person dishonestly, with a view to gain for himself or another or with intent to cause loss to another,—
(a)destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose; or
(b)in furnishing information for any purpose produces or makes use of any account, or any such record or document as aforesaid, which to his knowledge is or may be misleading, false or deceptive in a material particular;
he shall, on conviction on indictment, be liable to imprisonment for a term not exceeding seven years.
(2)For purposes of this section a person who makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular, or who omits or concurs in omitting a material particular from an account or other document, is to be treated as falsifying the account or document.
18 Liability of company officers for certain offences by company

(1)Where an offence committed by a body corporate under section F1. . . 17 of this Act is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Annotations:

Amendments (Textual)

F1Words in s. 18(1) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 4, Sch. 3; S.I. 2006/3200, art. 2
Modifications etc. (not altering text)

C1S. 18 applied by Theft Act 1978 (c. 31, SIF 39:6), s. 5(1)

19 False statements by company directors, etc

(1)Where an officer of a body corporate or unincorporated association (or person purporting to act as such), with intent to deceive members or creditors of the body corporate or association about its affairs, publishes or concurs in publishing a written statement or account which to his knowledge is or may be misleading, false or deceptive in a material particular, he shall on conviction on indictment be liable to imprisonment for a term not exceeding seven years.
(2)For purposes of this section a person who has entered into a security for the benefit of a body corporate or association is to be treated as a creditor of it.
(3)Where the affairs of a body corporate or association are managed by its members, this section shall apply to any statement which a member publishes or concurs in publishing in connection with his functions of management as if he were an officer of the body corporate or association.
20 Suppression, etc. of documents

(1)A person who dishonestly, with a view to gain for himself or another or with intent to cause loss to another, destroys, defaces or conceals any valuable security, any will or other testamentary document or any original document of or belonging to, or filed or deposited in, any court of justice or any government department shall on conviction on indictment be liable to imprisonment for a term not exceeding seven years.

Would I be correct in saying that this actually applies to virtually every OC and DCA? This is what the MP's found fiddling their expenses are being charged with, why will the CPS take this on, but not the '000s of similar cases purporated by the financial industry?

Dont mention Freeman of the land on CAG, there are many who will denounce you as a crank

I asked a similar question to your post on how could a lay person get the CPS involved in cases of fraud as the Police dont want to get involved citing it it a civil matter, FRAUD!!!