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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 ...
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42 votes

Why is trying to get "vaccinated" into a fake arm considered fraud (in Italy)?

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 ...
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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 ...
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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.schmoe@gmail.com" on the spot when it detects ...
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30 votes
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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 ...
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  • 2,401
30 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 ...
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28 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 ...
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  • 473
28 votes
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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 ...
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28 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 ...
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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. ...
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  • 428
24 votes
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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 ...
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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 ...
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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 ...
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  • 89.7k
22 votes

Dealing with a fundraiser con-artist / fraudster

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 ...
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  • 20.8k
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 ...
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  • 1,960
21 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 ...
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20 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 ...
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  • 157k
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 ...
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  • 130k
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 ...
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  • 89.7k
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 ...
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  • 4,508
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 ...
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  • 1,148
16 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.
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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 ...
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  • 148k
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 ...
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  • 130k
15 votes
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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 ...
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  • 130k
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, ...
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  • 89.7k
15 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 ...
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  • 130k
15 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 ...
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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:- ...
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  • 1,696
13 votes

Is it tax fraud for an individual to declare non-taxable revenue as taxable income? (US tax laws)

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 ...
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