§ 424A — Fraud by false representation, non-disclosure or abuse of position not connected with contracts for goods or services

424A.—(1) A person shall be guilty of an offence if he, fraudulently or dishonestly —(a)

makes a false representation;

(b)

fails to disclose to another person information which he is under a legal duty to disclose; or

(c)

abuses, whether by act or omission, a position which he occupies in which he is expected to safeguard, or not to act against, the financial interests of another person.[15/2019]

(2) A person may be guilty of an offence under subsection (1) whether or not the acts in subsection (1)(a), (b) or (c) were material.[15/2019]

(3) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 20 years, or with fine, or with both.[15/2019]

(4) This section does not apply where the false representation, failure to disclose or abuse of position mentioned in subsection (1) is directly connected with a written or oral contract for the supply of goods or services.[15/2019]

(5) For the purposes of this section and section 424B —(a)

“representation” means any representation as to fact or law, including a representation as to the state of mind of the person making the representation, or any other person;

(b)

a person makes a false representation if it is untrue or misleading, and that person knows that it is, or might be, untrue or misleading;

(c)

a representation may be express or implied; and

(d)

a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).[15/2019]

—(1) A person shall be guilty of an offence if he, fraudulently or dishonestly —(a)

makes a false representation;

(b)

fails to disclose to another person information which he is under a legal duty to disclose; or

(c)

abuses, whether by act or omission, a position which he occupies in which he is expected to safeguard, or not to act against, the financial interests of another person.[15/2019]

(2) A person may be guilty of an offence under subsection (1) whether or not the acts in subsection (1)(a), (b) or (c) were material.[15/2019]

(3) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 20 years, or with fine, or with both.[15/2019]

(4) This section does not apply where the false representation, failure to disclose or abuse of position mentioned in subsection (1) is directly connected with a written or oral contract for the supply of goods or services.[15/2019]

(5) For the purposes of this section and section 424B —(a)

“representation” means any representation as to fact or law, including a representation as to the state of mind of the person making the representation, or any other person;

(b)

a person makes a false representation if it is untrue or misleading, and that person knows that it is, or might be, untrue or misleading;

(c)

a representation may be express or implied; and

(d)

a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).[15/2019]