– Scottish Parliament written question – answered on 26th March 2007.

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Photo of Campbell Martin Campbell Martin Independent

Question S2W-32445

To ask the Scottish Executive what offence or offences would be committed by a Scottish company that, in bidding for a publicly-funded contract, misrepresented the status and financial standing of the company and deliberately made false statements (a) about being a subsidiary of a major overseas organisation, (b) when naming supporting referees, (c) when naming people and companies supposedly supporting the company’s bid and (d) when stating company equity and naming shareholders.

Photo of Cathy Jamieson Cathy Jamieson Labour

Depending on the facts and circumstances of an individual case, conduct such as that referred to may constitute part of the common law offence of fraud, which requires a practical result attributable to the misrepresentation, or one of a number of offences under the Companies Acts.

The question of whether criminal proceedings are appropriate in any case is a matter for the Lord Advocate, who cannot raise criminal proceedings unless there is sufficient reliable and credible evidence and it is in the public interest to prosecute.

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