63 votes
Accepted

Why wasn't the attorney general's fraud lawsuit against Trump thrown out for lack of standing?

Trump's case seems to fall on these grounds since the ones defrauded did not file the lawsuit. Why was it not thrown out on these grounds? New York State law gives the attorney general the ...
phoog's user avatar
  • 37.2k
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 ...
Charles E. Grant's user avatar
43 votes
Accepted

Is Intentional Bankruptcy Illegal?

Fraud england-and-wales northern-ireland This would be fraud under Section 2 of the Fraud Act 2006: (1) A person is in breach of this section if he — (a) dishonestly makes a false representation, and ...
JBentley's user avatar
  • 8,296
40 votes
Accepted

Why is Trump's alleged fraud in New York not prosecuted as a criminal offense?

In the U.S., public official enforce the law with both civil actions and criminal actions as they deem appropriate. In this case, the NY attorney-general did bring a separate criminal case against the ...
ohwilleke's user avatar
  • 213k
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 ...
user6726's user avatar
  • 215k
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 "[email protected]" on the spot when it detects ...
9072997's user avatar
  • 636
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.
Dale M's user avatar
  • 209k
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 ...
Richard's user avatar
  • 4,095
30 votes

Is Intentional Bankruptcy Illegal?

In some cases it it possible for courts to "pierce the corporate veil" and shift the liabilities of a corporation to its owner(s). This can be done in cases where there is no real separation ...
Nuclear Hoagie's user avatar
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 ...
JPhi1618's user avatar
  • 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 ...
Paul Johnson's user avatar
  • 13.5k
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 ...
Areopagitica's user avatar
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 ...
Mark Johnson's user avatar
  • 5,634
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. ...
GOATNine's user avatar
  • 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 ...
user6726's user avatar
  • 215k
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 ...
BlueDogRanch's user avatar
  • 18.8k
22 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 ...
David Siegel's user avatar
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 ...
cHao's user avatar
  • 2,015
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 ...
ohwilleke's user avatar
  • 213k
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 ...
user6726's user avatar
  • 215k
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 ...
David Siegel's user avatar
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 ...
abelenky's user avatar
  • 3,146
16 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 ...
Lag's user avatar
  • 16.8k
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 ...
ohwilleke's user avatar
  • 213k
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 ...
ohwilleke's user avatar
  • 213k
16 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 ...
David Mulder's user avatar
  • 1,210
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.
Robert Columbia's user avatar

Only top scored, non community-wiki answers of a minimum length are eligible