agent fraud
Acting as someone's agent or representative without lawful mandate or consent
Agent fraud is a form of fraud in which the perpetrator wrongfully presents themselves as acting as the agent or representative of another person or company without having lawful mandate or consent to do so. The concept covers situations where the fraudster abuses or pretends to hold a power of attorney, authorisation or other credentials in order to enter into agreements, dispose of funds or make decisions on the victim's behalf.
There is no separate international statutory definition of agent fraud as a legal term. Instead, the conduct is addressed under national criminal law provisions on fraud, document forgery, identity misuse or forgery, depending on the specific behaviour and the jurisdiction. In international law, the concept typically covers deception committed through the misuse of another person's identity or credentials without free and informed consent.
Agent fraud occurs increasingly in a digital context, where electronic identification (eID) is misused to incorporate companies, enter into transactions or make corporate law decisions in another person's name. This may happen through identity theft, where the perpetrator has obtained access to the victim's digital signatures or login credentials, or through coercion, where the victim is pressured into giving consent under invalid circumstances.
In legal practice, authorities will assess the validity of consent in cases of alleged agent misuse. Where there is no free and informed consent to act on another person's behalf, the matter may constitute identity theft, document forgery or coercion, depending on the specific circumstances. The burden of proving valid consent or a valid power of attorney typically rests with the person claiming the right to act as agent.
