Specialist London Solicitors in Fraud by Failing to disclose information cases
At MFI Law Limited we have the expertise in representing clients charged with fraud related offences. Our London Solicitors are available to represent clients at London Police Stations, Magistrates' and Crown Courts throughout the country.
Fraud by failing to disclose information is governed by Section 3 of the the Fraud Act 2006 which states:
A person is guilty of fraud by failing to disclose information if he:
- failed to disclose information to another person
- when he was under a legal duty to disclose that information
- dishonestly intending, by that failure, to make a gain or cause a loss
The offence is complete as soon as an individual fails to disclose information provided he was under a legal duty to do so, and that it was done with the necessary dishonest intent. It differs from the deception offences in that it is immaterial whether or not anyone is deceived or any property actually gained or lost.
When deciding on whether to prosecute an individual under this offence, consideration is given to the following factors during an investigation:
- Was there a legal duty to disclose information?
- The precise relationship that gave rise to that duty,
- The information that it is alleged that the individual failed to disclose.
If an individual is prosecuted under this Ssection then it will be a matter for the judge to consider whether the facts as alleged are capable of giving rise to a legal duty to disclose information. The relationship giving rise to whether that duty existed will be a matter for the jury. For example, was there a solicitor/client relationship or an agent/principal relationship?
Sentencing guidelines for fraud by failing to disclose information
Maximum Sentence: 10 years imprisonment
