...Is the Fraud Act a Useful Tool in E-Crime Prosecution? Executive summary This paper sought to examine whether the Fraud Act 2006 could be a useful tool in the prosecution of e-Crimes. It turns out that crimes on the computer net works and other electronic forms have been prevalent for more than two decades without being successfully prosecuted in majority of cases. The Thefts Acts 1968 and 1978 had inadequacies to deal with the kind of offences possible on the electronic forms. Hence, to avoid continual amendments to Theft Acts which could not have retrospective effect, Fraud Act 2006 has been enacted with sweeping changes to enable prosecutions of e-Crimes. Fraud Act 2006 has removed the shortcomings of the Theft Acts within the context of e-Crimes. Although the Act is portrayed to be a little harsh on the one hand, in comparison with the Theft Acts, the Act is certainly equipped as a better prosecution tool to deal with e-Crimes, on the other.. Table of Contents Chapter No | Particulars | Page No | | Executive Summary | 1 | 1.0 | Introduction | 3 | 1.1 | Background | 3 | 1.2 | Aims and Objectives | 14 | 1.2.1 | Aim | 16 | 1.2.2 | Objectives | 16 | 1.3 | Conclusion | 16 | 2.0 | Literature Review | | 2.1 | History behind Fraud Act 2006 | 17 | 2.2 | Fraud Act compared to earlier law | 20 | 2.2.1 | Fraud by false representation | 22 | 2.2.2 | Section11 Obtaining Services Dishonestly | 28 | 2.2.3 | Fraud as a conduct crime...
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...The criticisms on the law of robbery and burglary is that In order for robbery to be committed, theft needs to be completed, in cases of theft appropriation only occurs at one time whereas in the robbery theft is a continuing act, as seen in the case of Lockley where defendant (D) used force to escape after he had stolen; therefore this is a problem because when using elements of theft it conflicts with the courts approach in theft cases. The Theft Act 1968 does not give any definition of the key elements of ‘entry’, ‘trespasser’, ‘building or part of a building’ in burglary. The inconsistency of not having any definitions causes the courts into deciding what the Act actually meant; therefore leading to different courts making different decisions on what it means, especially what is meant by ‘entry’. This is a problem because it means judge made law going against what the parliament actually meant. In addition to this the law on entry has changed as seen in the case of Collins where the principle stated that the D must know they are a trespasser or are reckless in not knowing. Here the CoA held that there needs to be ‘an effective and substantial entry’. However when it came to the case of Brown the ‘substantial’ part was removed and Brown was guilty of burglary as his entry was ‘effective’. Whereas in the case of Ryan ‘effective’ element was abandoned and Ryan was guilty because the jury found that D had entered the house. The decisions in these cases are inconsistent and...
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...The criticisms on the law of robbery and burglary is that In order for robbery to be committed, theft needs to be completed, in cases of theft appropriation only occurs at one time whereas in the robbery theft is a continuing act, as seen in the case of Lockley where defendant (D) used force to escape after he had stolen; therefore this is a problem because when using elements of theft it conflicts with the courts approach in theft cases. The Theft Act 1968 does not give any definition of the key elements of ‘entry’, ‘trespasser’, ‘building or part of a building’ in burglary. The inconsistency of not having any definitions causes the courts into deciding what the Act actually meant; therefore leading to different courts making different decisions on what it means, especially what is meant by ‘entry’. This is a problem because it means judge made law going against what the parliament actually meant. In addition to this the law on entry has changed as seen in the case of Collins where the principle stated that the D must know they are a trespasser or are reckless in not knowing. Here the CoA held that there needs to be ‘an effective and substantial entry’. However when it came to the case of Brown the ‘substantial’ part was removed and Brown was guilty of burglary as his entry was ‘effective’. Whereas in the case of Ryan ‘effective’ element was abandoned and Ryan was guilty because the jury found that D had entered the house. The decisions in these cases are inconsistent and...
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...is trying to get another worker to steal from the company that they work for. Anita suspends judgment before taking a position. She really is shocked at first, and then she see that she could use the extra money but she realizes that stealing is wrong. To me Anita use logic and more value judgment because, if the company find out about the theft they will fire her, and she will lose everything. She notices that yes she is broke now but if she has no job she will be broke permanently. She makes a decision. She know she had to do what is right no matter if her co-worker was her friend or not, but wrong is wrong. Recall My issue is the same as Anita except my co-workers takes a pre-paid card every month for her phone without paying for it. She told me about how she go about doing so and how I can go about getting one without paying as well. I really thought about it for a day because she put it in my head plus that same month was not able to pay for a phone card so my phone was off for a while. So, yes I suspend judgment before taking a position. I use logic and moral because I know that I could lose my job and theft would follow me for the rest of my life. I also know my mother raised and thought me better. I made the decision to report the situation to my manager the next morning when I return to work because I know that it wrong to steal. I know that I would lose a friendship but I knew by me knowing made me just as at fault if it would have kept going...
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...ACRE WOODS RETIREMENT COMMUNITY CASE STUDY 1. What are some potential legal and ethical issues present in this case study? Some potential legal issues that are present in this case study are fraud, and theft because where did the money go and what was it used on when it was supposed to be used on the updates of the pool, and if the money was their for it, why was it not used. Ethical issues that may be present in this case are deception, and dishonesty. 2. How would you characterize the director’s behavior? I would characterize the director’s behavior as non professional, dishonest, and very deceptive because why can has he not fulfilled what was promised. The resident’s rents were raised to upgrade this pool, and if the money is not used to do so, that is wrong and misuse of funds. He is not taking into consideration the serious concerns of an employee, or the safety of the residents. 3. Is the director an ethical role model? Why or why not? I do not think the director is an ethical role model because he is not conducting himself in a manner that a role model would. If he were a professional he would have took her concerns into serious consideration, and he would not have removed Sarah form her job in put her into another because she is concerned of the safety of the clients. 4. Were the director’s messages congruent with the organizations stated mission? Explain your answer. I do not think...
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...thinking someone is honest when the truth is that they are not. The example he gives is that of a nun, Sister Terressa, who was denied employment with a bookstore after having "failed" an honesty test by getting the lowest score ever on the honesty test. This article also talks about how honesty tests lack validity in the science community as there are many false positives that keep dishonest people with a company. This is different from the pro article I found, Ways to curtail employee theft, as this article says that honesty tests cut employee theft by 40% in two years. Which is great because employee theft accounted for 38 % of total losses from employee theft, shoplifting, supplier theft, and misplacing of goods, which is about the same percentage as shoplifting. The article also states that the eight to twenty dollar tests can be the difference in 2% of goods stolen that accounts for the margin of a company’s viability and failure. Conclusions Honesty Tests are necessary to hinder employee theft. Honesty Tests can be fooled as they are not an exact science. The cost of not giving honesty tests includes merchandise stolen and/or company funds stolen. A company has to be careful when they pick the supplier of their honesty tests, as exams that do not meet rigorous professional standards of reliability and validity can lead to lawsuits against the organization using them and the test publisher. Honesty Tests don’t show if a person is going to steal or not. Honesty Test...
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...property offence of theft is laid out in s.1 of the Theft Act 1968 which provides that a person is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it. S 2-6 of the Theft Act 1968 provide definitions of each of the elements of theft. S. 7 sets out the maximum penalty for theft of 7 years. There are many criticisms foe theft and they have been a few reforms on the law of theft, the theft act of 1968 does not provide any legal definition for the word ‘dishonest’. Due to the fact that there is no definition of dishonest within section 1 of the theft act which makes it quite confusing on how the law will be interpreted. This also means that the way it will be interpreted will be inconsistent. With different cases providing conflicting interpretation. An example of where the cases interpretation differs is from Ghosh 1982, feely (1973) and light foot (1993). The law is normally told to the jury members however for the word ‘dishonest’ the jury make their own definition. Many legal academics have said that the jury shouldn’t define the word dishonest but the word dishonest should be determined by Parliament. Another criticism for the theft act would be for the word ‘appropriates’ which is contained within section 1 (1) which has a too wide of a definition. Before the 1968 Act, the law required the physical taking of property for an appropriation to be considered. After the 1968 Act, this is no longer...
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...Question A Section 1 Theft Act 1968 In order for Abel, Barbara and Cindy to be criminally liable by virtue of section 1(1) Theft Act 1968 it must be proved that they had “dishonestly appropriated property belonging to another with the intention of permanently depriving the other of it”. Property Belonging to Another - The property in question is the metal fence panels which belong to the Local Authority. The fence panels could be construed as forming part of the “land” as the fence was attached to land and was severed from it. Pursuant to s.4(2)(b) of the Theft Act 1968 Abel, Barbara and Cindy can be held to have stolen this “land” as he actually caused the panels to be severed by the use of hacksaws and appropriated the panels. Appropriation – s.3 Theft Act 1968 – this is the actus reus element of the crime. Abel, Barbara and Cindy have clearly appropriated the panels as only the Local Authority, as owners of the panels, have the right to cut through the metal panels and later sell them for scrap. Dishonesty – s.2 Theft Act 1968 – this is the mens rea element of the crime; the mental intent to intentionally deprive the other of it. Abel = We are informed that Abel planned to go to the playground in the middle of the night after reading about the new project. His intention was to go there and take the fence panels and posts and sell them on as scrap metal. He recruited the help of his daughters and told them to keep quiet if questions are asked. It...
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...The criticisms on the law of robbery and burglary is that In order for robbery to be committed, theft needs to be completed, in cases of theft appropriation only occurs at one time whereas in the robbery theft is a continuing act, as seen in the case of Lockley where defendant (D) used force to escape after he had stolen; therefore this is a problem because when using elements of theft it conflicts with the courts approach in theft cases. The Theft Act 1968 does not give any definition of the key elements of ‘entry’, ‘trespasser’, ‘building or part of a building’ in burglary. The inconsistency of not having any definitions causes the courts into deciding what the Act actually meant; therefore leading to different courts making different decisions on what it means, especially what is meant by ‘entry’. This is a problem because it means judge made law going against what the parliament actually meant. In addition to this the law on entry has changed as seen in the case of Collins where the principle stated that the D must know they are a trespasser or are reckless in not knowing. Here the CoA held that there needs to be ‘an effective and substantial entry’. However when it came to the case of Brown the ‘substantial’ part was removed and Brown was guilty of burglary as his entry was ‘effective’. Whereas in the case of Ryan ‘effective’ element was abandoned and Ryan was guilty because the jury found that D had entered the house. The decisions in these cases are inconsistent and...
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...professionally unethical but morally permissible. In addition, I believe that the offer was not theft but possession by entitlement and permission. His actions are a great example of how professional ethics and morals don't always align in the analysis of a case. Part (1) Peter Paulson's offer although helpful commits the Texas Board of Professional Engineers code. As an expert witness for a previous case against PPC, Peter Paulson was exposed to certain documents which would help with the current case against the same company. The code states in 137.63.c.4 that "The engineer shall not give, offer or promise to pay or deliver, directly or indirectly, any commission, gift, favor, gratuity, benefit, or reward as an inducement to secure any specific engineering work or assignment." In Peter's case he was asked to "secure specific engineering work" for a fee. The practice of sharing the public documents is legal and professionally ethical but when a fee is procured for the transaction the act becomes unethical. The documents in both cases were public because they were documents of court which could be obtained by any lawyer. When Peter placed a fee on documents that were public his actions were in violation of the code and made his offer professionally unethical. Part (II) Table 1. Line drawling of "The Offer" showing non-theft (Peter's perspective) Feature Theft The Offer Not Theft Entitlement No ---------------------------X--------- Yes Permission Not Allowed --------------------------------X----...
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...professionally unethical but morally permissible. In addition, I believe that the offer was not theft but possession by entitlement and permission. His actions are a great example of how professional ethics and morals don't always align in the analysis of a case. Part (1) Peter Paulson's offer although helpful commits the Texas Board of Professional Engineers code. As an expert witness for a previous case against PPC, Peter Paulson was exposed to certain documents which would help with the current case against the same company. The code states in 137.63.c.4 that "The engineer shall not give, offer or promise to pay or deliver, directly or indirectly, any commission, gift, favor, gratuity, benefit, or reward as an inducement to secure any specific engineering work or assignment." In Peter's case he was asked to "secure specific engineering work" for a fee. The practice of sharing the public documents is legal and professionally ethical but when a fee is procured for the transaction the act becomes unethical. The documents in both cases were public because they were documents of court which could be obtained by any lawyer. When Peter placed a fee on documents that were public his actions were in violation of the code and made his offer professionally unethical. Part (II) Table 1. Line drawling of "The Offer" showing non-theft (Peter's perspective) Feature Theft The Offer Not Theft Entitlement No ---------------------------X--------- Yes Permission Not Allowed --------------------------------X----...
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...0:05-cv-00668-RHK-JSM Document 61 Filed 02/07/2006 Page 2 of 14 Brazos, a non-profit corporation with headquarters located in Waco, Texas, originates and services student loans. (Villarrial Aff. ¶ 2.) Brazos has approximately 365 employees, including John Wright, who has worked as a financial analyst for the company since November 2003. (Villarrial Aff. ¶ 2; Wright Aff. ¶ 1.) Wright works from an office in his home in Silver Spring, Maryland. (Wright Aff. ¶ 3.) As a financial analyst for Brazos, Wright analyses loan portfolios for a number of transactions, including purchasing portfolios from other lending organizations and selling bonds financed by student loan interest payments. (Wright Aff. ¶ 6.) Prior to performing each new financial analysis, Wright receives an electronic...
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...Final Paper: Medical Identity Theft at Molina Healthcare, Inc. Barlahan, Andrei ID B00459963 Brandman University Define the Problem Medical Identity theft has become an increasing problem in the United States and continues to negatively impact millions of individuals. Medical identity theft usually occurs when individuals share their information with someone else, who in turn uses that information to receive medical services and fill for prescriptions. Other times, individuals lose their medical card or have their information stolen by a friend or close relative. According to a 2013 survey conducted by the Medical Identity Fraud Alliance (MIFA), medical identity fraud has increased nearly 20 percent compared to the year before in the U.S., affecting an estimated 1.84 victims and having a total out-of-pocket medical costs incurred by medical identity theft victims of $12.3 billion (DeGaspari, 2013). This is a serious problem, because not only are millions of dollars wasted, but patient medical records are compromised, which can result to misdiagnoses, wrong procedures and treatment, and wrong prescriptions. On a smaller scale, Molina Healthcare’s Special Investigation Unit (SIU) conduct investigations on referrals they receive indicating a Molina member may have been a victim of identity theft. A lot of times when the issue is actually identity theft, the SIU is only able to “band-aid” the problem and have found the issue resurfacing months later and Molina continuing...
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...ASSIGHNMENT #2: AIS ATTACKS AND FAILURES: WHO TO BLAME Introduction In this paper, I am going to present about an accounting information system attacks and failures: who to blame. I am also going to discuss the following related topics in the following order: Firstly, I will take a position on whether a firm and its management team should or should not be held liable for losses sustained in a successful attack made on their AIS by outside source. Secondly, I will suggest who should pay for the losses, to whom, and state why. Thirdly, I will give my opinion regarding the role, if any; the federal government should have deciding and enforcing remedies and punishment. Finally, I will evaluate how AIS can contribute or not to contribute to the losses. A Firm and its Management Team Should Be Held Liable for the Losses According to the Control Objectives for Information and Related Technology (COBIT) framework and the Trust Services framework, achieving organization’s business and governance objective require adequate control over IT resources. IT processes must be properly managed and controlled in order to produce information that satisfies the seven criteria: effectiveness, efficiency, confidentiality, integrity, availability, compliance and reliability. These IT processes are grouped into the following four management activities or domains (Romney & Steinbart, 2012). 1. Plan and Organize (PO), 2. Acquire and Implement (AI), 3. Deliver and Support (DS)...
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...Preventing Data Security Breaches And Identity Thefts Information Technology Essay Current online marketing strategies deliver immense benefits to the modern global firm by way of better market reach, cheap and convenient transaction possessing, multiple online payment options and real time consumer data management. Marked benefits are commonly discernible in the area of internet based business-to-business or B2B, and business-to-consumer or B2C e-commerce models. These online commerce models rely on digital marketing for their success, which in turn in essentially a remarkable success of information technology and data management techniques. However, the growth of digital marketing is getting severely affected by the misuse of technology by criminals and unscrupulous persons in various ways. Such misuse of technology encompasses identity theft, data loss and other data security breaches. Increasing information security breaches and cases of identity theft in recent times threaten the marketing of products and services either online or offline like never before. This paper attempts to understand issues and outcomes of identity theft, data loss and security breaches on the present and future global marketing environment by examining several secondary sources of information. 2. What is identity theft? We can help you to write your essay! Professional essay writers Our writers can help get your essay back on track, take a look at our services to learn more about how we can...
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