Practical sheet | REF: FIC1854 V1

Containing the risk of fraud

Authors: Pierre MONGIN, Laurent DELHALLE

Publication date: January 10, 2025 | Lire en français

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1. Defining fraud

In law, fraud is characterized by four constituent elements:

  • misrepresentation, with the intentional production of misinformation or the deliberate omission of significant facts. Lying by omission is just as powerful as lying, because we know we're lying;

  • illegality, in violation of a law, regulation, standard or procedure;

  • the intentional element, expressed by the will to commit an act in violation of a frame of reference;

  • harm, to the detriment or benefit of another person or organization.

Fraud is also defined by the Association of Certified Fraud Examiners (ACFE) as a deliberate act of deception for financial gain.

It represents a major threat to businesses, and is nowadays...

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Defining fraud