Climategate - Fraud prosecutions possible or not?
Discussion
The ingredients of the Fraud Act 2006 are below. Seems to me there has been gain for quite a few, losses inflicted on others, abuse of position, misrepresentation....
..basically, fraud central!
Without wishing to whip up a frenzy, I cannot see how some of these ingredients are not being met, especially in light of some of the email revelations.
Shame these are criminal offences - as I doubt an action in tort would hold much water....
..basically, fraud central!
Without wishing to whip up a frenzy, I cannot see how some of these ingredients are not being met, especially in light of some of the email revelations.
Shame these are criminal offences - as I doubt an action in tort would hold much water....
Fraud Act 2006 said:
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.
[b] 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. [/b]
[b](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.[/b]
(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).
[b]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.[/b]
4 Fraud by abuse of position
[b](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.[/b]
(2) A person may be regarded as having abused his position even though his
conduct consisted of an omission rather than an act.
5 “Gain” and “loss”
(1) The references to gain and loss in sections 2 to 4 are to be read in accordance
with this section.
(2) “Gain” and “loss”—
(a) extend only to gain or loss in money or other property;
(b) include any such gain or loss whether temporary or permanent;
and “property” means any property whether real or personal (including things
in action and other intangible property).
(3) “Gain” includes a gain by keeping what one has, as well as a gain by getting
what one does not have.
(4) “Loss” includes a loss by not getting what one might get, as well as a loss by
parting with what one has
(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.
[b] 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. [/b]
[b](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.[/b]
(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).
[b]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.[/b]
4 Fraud by abuse of position
[b](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.[/b]
(2) A person may be regarded as having abused his position even though his
conduct consisted of an omission rather than an act.
5 “Gain” and “loss”
(1) The references to gain and loss in sections 2 to 4 are to be read in accordance
with this section.
(2) “Gain” and “loss”—
(a) extend only to gain or loss in money or other property;
(b) include any such gain or loss whether temporary or permanent;
and “property” means any property whether real or personal (including things
in action and other intangible property).
(3) “Gain” includes a gain by keeping what one has, as well as a gain by getting
what one does not have.
(4) “Loss” includes a loss by not getting what one might get, as well as a loss by
parting with what one has
Edited by johnfm on Thursday 10th December 23:50
Jasandjules said:
Over the weekend I will be writing to a US Senator to ask them if they will seek the extradition and prosecution of those scientists implicated in these e-mails.
I can but hope.
I can't see how soem of these actions can be construed any differently to MPs fraudulent claiming of benefits:I can but hope.
Misrepresentation or withholding information? CHECK (refusing FOI requests for data, manipulation of raw data and models to prodcue 'required' result)
Misrepresetation resulting in a gain made or loss imposed on others? CHECK
(funding for research is gain, increased aviation taxes for CO2 reduction are losses imposed on others)
Abuse of position of authority? CHECK
So when will prosecutions commence?
johnfm said:
I can't see how soem of these actions can be construed any differently to MPs fraudulent claiming of benefits:
Misrepresentation or withholding information? CHECK (refusing FOI requests for data, manipulation of raw data and models to prodcue 'required' result)
Misrepresetation resulting in a gain made or loss imposed on others? CHECK
(funding for research is gain, increased aviation taxes for CO2 reduction are losses imposed on others)
Abuse of position of authority? CHECK
So when will prosecutions commence?
Right after they've finished prosecuting all the MPs of course!Misrepresentation or withholding information? CHECK (refusing FOI requests for data, manipulation of raw data and models to prodcue 'required' result)
Misrepresetation resulting in a gain made or loss imposed on others? CHECK
(funding for research is gain, increased aviation taxes for CO2 reduction are losses imposed on others)
Abuse of position of authority? CHECK
So when will prosecutions commence?
Davey111 said:
johnfm said:
I can't see how soem of these actions can be construed any differently to MPs fraudulent claiming of benefits:
Misrepresentation or withholding information? CHECK (refusing FOI requests for data, manipulation of raw data and models to prodcue 'required' result)
Misrepresetation resulting in a gain made or loss imposed on others? CHECK
(funding for research is gain, increased aviation taxes for CO2 reduction are losses imposed on others)
Abuse of position of authority? CHECK
So when will prosecutions commence?
Right after they've finished prosecuting all the MPs of course!Misrepresentation or withholding information? CHECK (refusing FOI requests for data, manipulation of raw data and models to prodcue 'required' result)
Misrepresetation resulting in a gain made or loss imposed on others? CHECK
(funding for research is gain, increased aviation taxes for CO2 reduction are losses imposed on others)
Abuse of position of authority? CHECK
So when will prosecutions commence?
johnfm said:
I can't see how soem of these actions can be construed any differently to MPs fraudulent claiming of benefits:
It's not. But in this case the USA have been the ones paying s***loads of eco-tax so they might well want to address the matter... That's what I am hoping, the USA will seek to extradite the scientists and prosecute them in the US.As for MPs, when I get to power, they'll be amongst the first up against the wall..
Jasandjules said:
johnfm said:
I can't see how soem of these actions can be construed any differently to MPs fraudulent claiming of benefits:
It's not. But in this case the USA have been the ones paying s***loads of eco-tax so they might well want to address the matter... That's what I am hoping, the USA will seek to extradite the scientists and prosecute them in the US.As for MPs, when I get to power, they'll be amongst the first up against the wall..
Can I be 'flat tax and limited benfis Csar'?
johnfm said:
Davey111 said:
johnfm said:
I can't see how soem of these actions can be construed any differently to MPs fraudulent claiming of benefits:
Misrepresentation or withholding information? CHECK (refusing FOI requests for data, manipulation of raw data and models to prodcue 'required' result)
Misrepresetation resulting in a gain made or loss imposed on others? CHECK
(funding for research is gain, increased aviation taxes for CO2 reduction are losses imposed on others)
Abuse of position of authority? CHECK
So when will prosecutions commence?
Right after they've finished prosecuting all the MPs of course!Misrepresentation or withholding information? CHECK (refusing FOI requests for data, manipulation of raw data and models to prodcue 'required' result)
Misrepresetation resulting in a gain made or loss imposed on others? CHECK
(funding for research is gain, increased aviation taxes for CO2 reduction are losses imposed on others)
Abuse of position of authority? CHECK
So when will prosecutions commence?
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