Fraud
4Fraud by abuse of position
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.
2
A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.