Thursday, February 4, 2010

Sentencing- fraud by false representation 拢20000?

my partner signed his wife's name on a loan they took out in 2007 she was aware of the loan and it even paid off her credit card and paid for there holiday. due to the loan being secured against the house and her wanting to sell the house and receive all the proceeds she has claimed she new nothing about the money. he is due in court on monday and has already pleaded guilty to signing her name but is still claiming he signed it with her permission. Just wondering if anyone had a rough idea of what sentence he is looking at?Sentencing- fraud by false representation 拢20000?
It sounds like he has a defence to be honest. If he had her permission then he hasn't committed a fraud (look at section 2(2) of the Fraud Act 2006). If he is still saying she had given permission, he is entering an equivocal plea and unless he accepts the offence, the Judge may well refuse to sentence him until the issue is resolved, either by full admission or Newton hearing (trial of issue).





He'll no doubt be advised about this tomorrow.





(I think he'd qualify for a suspended sentence by the way.)Sentencing- fraud by false representation 拢20000?
This being the UK it is rather difficult to predict, however, taking a guilty plea in consideration and assuming a first offence, 18 months to two years in prison is most likely.





Whether or not his wife knew, gave permission or even if she was only complicit after the fact is completely irrelevant, as is whether or not the loan is actually paid off. The Fraud was committed the moment he falsely signed his wife's name, to which he has pleaded guilty. Unless he signed his wife's name in his own handwriting he should have denied everything and said nothing more.
Under the Fraud act of 2006 a person who is guilty of fraud is liable鈥?br>

(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).


However as she knew of the loan that would work for him Under the Misrepresentation Act 1967, the other party could rescind the contract, OR damages could be awarded in lieu of rescission.

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