Hot answers tagged

52

Surely such a well meaning albeit naive driver wouldn't stand a chance in court if they said that it's because they've a section 230-like protection. Because Section 230 of the Communications Decency Act explicitly protects computer service providers from such charges. A driver is not a computer service provider, and the US legislature has never voted ...


38

It is basically fraud, and there are two ways in which it could be illegal: it might be a crime, and you might get sued for doing it (you would not be fined or imprisoned, but you may have to compensate the hotel chain for their loss). Whether or not it is a crime depends on the jurisdiction. In Washington, there are very many laws against fraud such as RCW ...


38

This is a technical answer rather than a legal one. If those are unwelcome here, let me know My question revolves around why Gmail doesn't block "joe.schmoe@gmail.com" on the spot when it detects such an obvious fraud They often do. I am an admin on a G-suite domain, and I get several emails every month titled "Alert: User suspended due to suspicious ...


30

Given that this is a UK based company, the most applicable Act would be the Unsolicited Goods and Services Act 1971 A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are ...


30

Yes, that would be fraud. From the Fraud Act 2006: 2: Fraud by false representation 1) A person is in breach of this section if he— (a) dishonestly makes a false representation, and (b) intends, by making the representation— (i) to make a gain for himself [...] By saying that you had got a position with a competitor you would be ...


28

On a check, if the two amounts do not match, the written out amount should be considered correct. Section 3.114 of the Uniform Commercial Code states that: If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers. So, you simply accept the check for ...


28

Accused of what? Clearly stating under which conditions you (the accuser) would earn money by doing nothing more than staying online for 7 days? You agreed to these conditions, but did not fulfill them, so the scammer (the accused) was the one that earned money for doing nothing. The scammer had the same motive as you had, earning money for doing ...


28

Let's say for now we have definitive proof that the person hosting a site that spreads conspiracy theories does not believe their theories are true, say they are recorded making fun of their watchers for believing the nonsense they say, including explicitly saying they make it up because people will pay to hear it. I'm guessing you're asking if this is 'wire ...


27

IANAL, I would seek legal advice from a legal professional. That being said. The proper way to handle someone miswriting information on a check is to reject the check and return it to the originator. Altering a check issued by someone else is a crime (potentially a felony, based on the sum of money involved), and you have every right to refuse to do it. I ...


24

It is legal to be wrong, it is legal to say false things in public (leaving out defamation), and it is legal to buy and manufacture signs that say false things. Moreover, the sign does not make a false statement, in that legal liability is distinct from moral responsibility. In fact, the sign helps to decrease their legal liability. Via this sign, you have ...


23

You didn't post the details of what exactly is involved with a "vampire initiation fee": is this simply the purchase of an physical object? Or the purchase of a service, such as the placing of a spell or the providing of the service of alleged protection from vampires? Or is this some form of a real "Advance-fee scam" where money and banking credentials or ...


23

If a person is wrongfully deprived of money (or something else of value) for a period, that is damage, even if the money is later repaid. The victim might have used the money in some profitable or advantageous way during the period when it was taken. But the victim need not prove exactly how s/he might have profited, it is enough to show that the victim was ...


22

The FBI provides guidance on how to Report Fraud: If you're a victim of charity or disaster fraud or have information about these types of schemes, you can: Contact your state consumer protection office Report fraud to the FBI at tips.fbi.gov Report online fraud to the FBI's Internet Crime Complaint Center (IC3) File a complaint with the Federal Trade ...


21

If the business is charging you less than they would have if you'd told the truth, then they are losing money because you lied to them. You are obtaining something of value at the business's expense under false pretenses, and thus are committing fraud. It's difficult to find a specific criminal statute violated, because most of these cases are civil matters. ...


21

Could the GoDaddy employee self-phishing test constitute a breach of contract? No. There is no contract. It was only the announcement of a gift. That gift might have been unexpected, especially if no similar bonus was given in previous years. The employee's act of filling in his information does not seemingly amount to "consideration". Filling the ...


20

Embezzlement is criminally prohibited by 18 USC 666, and this DoJ manual page on what is embezzlement cites the answer in Moore v. United States, 160 U.S. 268 that Embezzlement is the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come. It differs from larceny in that the ...


19

Money Laundering The primary crime that you have described is called money laundering. Note that money laundering includes: "structuring financial transactions in order to evade reporting requirements." Unlike some other forms of money laundering, this does not require that the source of the funds be criminal, or that the actual transfer be ...


18

No The charge would more likely be "Unlicensed practice of law" (UPL), possibly in addition to a charge of fraud. Each time that Rose engages in UPL would be a separate offense, and could lead to a fresh trial. This is no more covered by double jeopardy than a serial killer gets a free pass on future killings because s/he was acquitted of one ...


18

Article 640 of the Italian Penal Code under the heading "Crimes against property by fraud" begins (via Google Translate): Anyone who, by artifice or deceit, by misleading someone, procures an unfair profit to himself... And this article (cited by the OP in a comment) says the suspect... ...worked in the health sector and had been suspended from ...


17

UK, Identity Documents Act 2010, false identity documents etc: Possession of false identity documents etc with improper intention (1) It is an offence for a person (“P”) with an improper intention to have in P's possession or under P's control— (a) an identity document that is false and that P knows or believes to be false, (b) an identity document that ...


16

In the USA, when a creditor tries to collect a debt, the presumed-debtor may demand proof that they actually owe the debt, and that the creditor holds the debt. This can be satisfied by signed contracts, which in the case you describe, would not exist. Detailed, complete phone recordings may also establish proof of the debt. But again, in the situation ...


16

This may be a good faith and fair dealing violation which would give the victim a civil cause of action to recover at least his original investment.


16

Who administers the will of someone who dies intestate, who has no family? There is a position known as the "public administrator" paid mostly from fees charged to probate estates in most jurisdictions. In the absence of such a post, creditors of the estate or beneficiaries of the estate can apply to do so when there is no family. Other than the ...


15

To avoid criminal penalties in the U.S. (18 USC 473 and related general provisions of the federal criminal code in Title 18 of the United States Code), the suspected counterfeit status must be disclosed, and the seller must be able to reasonably determine that the buyer does not intend to pass off the bills as true and genuine (otherwise there would be ...


15

The linked Bloomberg story quotes the rule as: The recipient is allowed to keep the funds if they [the funds] discharge a valid debt, the recipient made no misrepresentations to induce the payment, and the recipient did not have notice of the mistake. If the recipient, or somone acting on behalf of the recipient, hacked the sender to induce the payment, ...


15

Misrepresentation At common law, if you are induced to enter a contract by a material misrepresentation then you can rescind the contract and/or sue for damages. The person concerned would have to prove on the balance of probabilities that: the misrepresentation was actually made, which, if it was only verbal and there were no independent witnesses will be ...


15

Usually, the FBI only takes on cases involving $75,000 or more (as of late 1990s, it may be higher now) as a matter of resource allocation priorities. Usually, local DAs are too busy with blue collar crime cases to take something like this on unless it is really, really big, or very influential people politically want to do something about it. The best bet ...


14

So many people have come up with ideas about spam that there is actually a standard "fill in the blanks" form for answering them! A copy can be found here. Filling in the blanks for your solution:- Your post advocates a (X) technical ( ) legislative ( ) market-based (X) vigilante approach to fighting spam. As well as the technical side, it ...


13

I have submitted a false tax return Provided it really is false, you violate 18 USC 1001: (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, ...


12

It would appear so. California Civ. Code §1572 says that actual fraud is various acts with intent to deceive another party thereto, or to induce him to enter into the contract The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; I will suppose that the individual knows that he did not attend the ...


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