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Derek Conway: Keeping it in the family just like the Mafia

By John Hirst

Derek Conway: Keeping it in the family just like the Mafia

Why do we have such as the Fraud Act 2006 which describes and defines and interprets specific conduct which constitutes criminal conduct, just for the likes of Derek Conway to come along and call his conduct "administrative shortcomings" and "misjudgments"?

Derek Conway and his son Frederick are criminally liable for fraud.

"1 Fraud

(1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence).

(2) The sections are?

(a) section 2 (fraud by false representation),

(b) section 3 (fraud by failing to disclose information), and

(c) section 4 (fraud by abuse of position).

(3) A person who is guilty of fraud is liable?

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(4) Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.
2 Fraud by false representation

(1) A person is in breach of this section if he?

(a) dishonestly makes a false representation, and

(b) intends, by making the representation?

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if?

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) ?Representation? means any representation as to fact or law, including a representation as to the state of mind of?

(a) the person making the representation, or

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section 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).
3 Fraud by failing to disclose information

A person is in breach of this section if he?

(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b) intends, by failing to disclose the information?

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.
4 Fraud by abuse of position

(1) A person is in breach of this section if he?

(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

(b) dishonestly abuses that position, and

(c) intends, by means of the abuse of that position?

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act".

It may well be that Mrs Conway and their elder son, Henry, are also liable. And, if this is the case, the sum of money involved could well be in the region of £500,000. Robert Winnett makes the point that MPs must now be forced to disclose and justify their expenses claims. Obviously, they have shown that they cannot be trusted to be honest. As MPs are ultimately responsible to the electorate, they cannot dip into the public purse and state that the public have no right to know how much they are taking and why.

This matter must now be the subject of a police investigation.

UPDATE: One minute in politics is a long time.

"[A]lmost everyone at Westminster knows there is significant abuse of the system".

Full post as published by prisonlawinsideout on January 28, 2008 (boomark / email).