MyWikiBiz, Author Your Legacy — Saturday November 30, 2024
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Latest revision as of 18:57, 5 May 2007
Criminal Law
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them – usually, to obtain property or services unjustly. Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Acts which may constitute criminal fraud include:
- bait and switch
- confidence tricks such as the 419 fraud, Spanish Prisoner, and the shell game
- false advertising
- identity theft
- false billing
- forgery of documents or signatures
- taking money which is under your control, but not yours (embezzlement)
- health fraud, selling of products of spurious use, such as quack medicines
- creation of false companies or "long firms"
- false insurance claims
- bankruptcy fraud, is a US federal crime that can lead to criminal prosecution under the charge of theft of the goods or services
- investment frauds, such as Ponzi schemes
- securities frauds such as pump and dump
Civil Law
Fraud is also a type of civil law violation known as a tort. A tort is a civil wrong for which the law provides a remedy. A civil fraud typically involves the act of intentionally making a false representation of a material fact, with the intent to deceive, which is reasonably relied upon by another person to that person's detriment. A "false representation" can take many forms, such as:
- A false statement of fact, known to be false at the time it was made;
- A statement of fact with no reasonable basis to make that statement;
- A promise of future performance made with an intent, at the time the promise was made, not to perform as promised;
- A statement of opinion based on a false statement of fact;
- A statement of opinion that the maker knows to be false; or
- An expression of opinion that is false, made by one claiming or implying to have special knowledge of the subject matter of the opinion. "Special knowledge" in this case means knowledge or information superior to that possessed by the other party, and to which the other party did not have equal access.
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