What is fraud?

Fraud is a criminal offence and is normally the result of a dishonest act that is operated by a person or persons with the intention to gain for them or to cause loss to another. The specific type of dishonest act is defined within legislation. The current definition of 'dishonest' is in part, whether a person's behaviour would be regarded as dishonest by the ordinary standards of reasonable and honest people.

When someone commits fraud they are usually committing a criminal offence that is contrary to one or more of the Theft Acts of 1968 and 1978 and the Fraud Act 2006. Depending upon when someone first committed an offence, it may mean that 'old style' legislation applies that the Fraud Act of 2006 has been designed to replace. The Trust's local counter fraud specialist (fraud investigator) will need to consider this in all allegations of fraud.

If someone who commits fraud is caught and there is evidence to prove that they have committed offences, they may be prosecuted in either a Magistrate's court (where the penalty could be up to twelve months' imprisonment and a fine) or a Crown court (where the penalty can be up to ten years' imprisonment depending upon the offence).

The type of offences for which a person could be prosecuted includes:

• Fraud by failing to disclose information
• Fraud by abuse of position
• False Accounting

Sometimes people might use false documents in order to carry out their dishonest act. In these cases it might be appropriate to prosecute someone using the Forgery Act.

In summary; fraud is a dishonest act which is committed with the intention of making a gain or causing loss or risk of loss to another. If ever you are presented with a situation whereby you think that SUHT or its representatives are being deceived by a third party for personal financial gain, report your concerns immediately.