52
votes
Why aren't email providers liable in some way or another for scams operated via accounts on their domains?
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 ...
- 3,112
38
votes
In the US, is it legal to lie to a business such as a hotel to obtain a discount?
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 ...
- 206k
38
votes
Why aren't email providers liable in some way or another for scams operated via accounts on their domains?
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[email protected]" on the spot when it detects ...
- 626
32
votes
Is there any criminal implication of falsifying documents demanded by a private party?
All fraud is criminal
One of the types of fraud in the UK is “making a dishonest representation for your own advantage”.
Lying to a prospective landlord in order to secure a lease is fraud.
- 192k
31
votes
Accepted
What might be illegal about a company using deceptive phone calls to establish a contract and seeking payments under it?
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 ...
- 3,926
29
votes
My Boss wants me to correct checks paid to us
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 ...
- 483
29
votes
Accepted
Is lying to get "gardening leave" fraud?
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
...
- 12.9k
29
votes
If it can be proven that someone profiting from spreading conspiracy theories doesn't believe in them are they guilty of fraud?
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 ...
- 307
28
votes
Accepted
Mistakenly agreed with a scammer’s term of use
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 ...
- 5,280
27
votes
My Boss wants me to correct checks paid to us
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. ...
- 450
24
votes
Accepted
How do free-speech protections in the United States apply in public to corporate misrepresentations?
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 ...
- 206k
23
votes
What would be required to prosecute a person attempting internet fraud in Nigeria?
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 ...
- 18.7k
23
votes
Accepted
Can criminal fraud exist without damages?
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 ...
- 112k
22
votes
Accepted
Could the GoDaddy employee self-phishing test constitute a breach of contract?
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 ...
- 45k
21
votes
In the US, is it legal to lie to a business such as a hotel to obtain a discount?
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 ...
- 1,990
19
votes
Is it tax fraud for an individual to declare non-taxable revenue as taxable income? (US tax laws)
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 ...
- 186k
19
votes
Accepted
Do Donald Trump's actions constitute embezzlement?
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 ...
- 206k
18
votes
If a person is tried for fraud for practicing law without a degree, and the verdict is not guilty, would double jeopardy prevent future fraud charges?
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 ...
- 112k
17
votes
Accepted
Is it illegal in any western jurisdiction to hold a fraudulently obtained but legitimately issued passport of another country?
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 ...
- 12.1k
17
votes
Accepted
Does Bob have a case if he ends up paying child support due to Alice's deceit?
canada
In Canada it all depends on whether it is Bob or Alice who is female. If it is the male who lies about the use of contraception it results in sexual assault (R. v. Hutchinson), and in the case ...
- 1,165
16
votes
What might be illegal about a company using deceptive phone calls to establish a contract and seeking payments under it?
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 ...
- 2,598
16
votes
Accepted
Somebody's mother was scammed by a car dealer. What laws might apply?
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 ...
- 192k
16
votes
Dealing with a fundraiser con-artist / fraudster
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 ...
- 186k
16
votes
Clever Probate Fraud (UK) - How Did He Do It?
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 ...
- 186k
15
votes
Mistakenly agreed with a scammer’s term of use
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.
- 3,387
15
votes
Accepted
Is it legal to sell suspected or proven counterfeit US currency?
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 ...
- 186k
15
votes
Do you get to keep a fraudulent money transfer that you are entitled to?
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, ...
- 112k
14
votes
Why aren't email providers liable in some way or another for scams operated via accounts on their domains?
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:-
...
- 2,408
Only top scored, non community-wiki answers of a minimum length are eligible