Fraud by abuse of position

Fraud by abuse of position is where person A:

• occupies a position in which person A is expected to safeguard the financial interests of person(s) B, and
• dishonestly abuses that position, and
• intends, by means of the abuse of that position, to make a gain or cause loss.

A person may be regarded as having abused the position by way of act or omission.

Some legal systems create a specific criminal offence which covers this type of fraud (e.g. abuse of office, abuse of power, or misconduct in public office).