Fraud by Abuse of Position
An offence is committed if a person:
- occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
- dishonestly abuses that position, and
- intends, by means of the abuse of that position to make a gain for himself or another, or to cause loss to another or to expose another to a risk of loss.
A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.
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