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

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 ...


29

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 ...


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 ...


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 ...


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. ...


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 criminal, so ...


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 ...


15

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.


14

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 ...


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 ...


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 ...


12

A LOT would be required. In fact I think it would be next to impossible. Local authorities don't care about minor crimes (this is a minor crime) committed by people abroad. They don't have the resources to try and pursue prosecution and even if you hand over lots of evidence they would at most pass the details on to the Nigerian police. There have been ...


10

This is fraud. The defrauded party can sue for damages. The state can prosecute: in NSW the penalty is up to 10 years jail (s192E Crimes Act 1900).


9

Short Answer This is a variation of the classic Nigerian Prince Confidence Scam a/k/a 419 Scam and you are their mark. The goal of this con is theft and abscondence. Not necessarily money laundering as others have suggested. Because, ultimately, there is no money on their end except what they seek to steal from their mark. As others have pointed out, ...


9

As you note, it does appear that this tenant has committed one or more crimes. In Pennsylvania crimes are prosecuted by the state, and you can begin the process by filing a private criminal complaint with your local Magisterial District Court, which will forward it to your county's District Attorney for review and prosecution. You've essentially written ...


8

IMHO, your questions reflect several misunderstandings of how the process works. So, with your permission, I will avoid directly answering your questions and instead focus on suggestions how to best help you plot a path forward. Your counterparty has the burden of proof. If your counterparty forged your signature on a contract, then they must prove you ...


8

No, it is not. Just as it is illegal to steal from a thief, it is illegal to hack a hacker. Criminals are often considered a good target for crimes from a practical standpoint, but crimes against criminals are still prosecuted. As criminals are unlikely to report crimes against them to the authorities (particularly when doing so runs the risk of them ...


8

The ultimate question is whether an obviously joke enterprise constitutes a real offering of securities or just performance art (a Ponzi scheme is one of many types of securities fraud). An unregistered offering of securities that does not fall within an exception is per se unlawful under federal law, but a security is generally defined as something offered ...


8

Prosecution is conducted by the Federal Ministry of Justice, and this is their contact page. They probably will require a prior police investigation, and here is the Nigerian Police contact page for complaints. If the person is indeed in Nigeria. You allegation would be violation of violation of the Advance Fee Fraud and other Fraud Related Offences Decree. ...


8

What remedies are therein the United States? I would imagine that the witness could be prosecuted for perjury. My guess is that the plaintiff could prosecute the witness for the lost damages. Are there any other remedies like reopening the original trial or declaring a mistrial so that the plaintiff could sue the (deep-pocketed) defendant, or would ...


8

You say "criminal fraud", if you mean exactly that, then no, returning the money, or offering even more money, will not be a defense. You committed a crime and can be convicted for it even if you gave back more money than the complainant had "lost". There may be a case for if someone initiated civil proceedings against you on the basis of fraud, since you ...


8

As a general rule in the United States, in the case of an accidents between a leading vehicle and a following vehicle, the leading vehicle is usually not responsible for the accident as the following vehicle is the one with the duty to avoid colliding with the second car. Considering that the most likely speed to encounter a truck with sufficient speed to ...


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