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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
  • 37.5k
44 votes

Can hotel booking companies make up any "original price" they want, or does the claimed original price have to be somehow grounded in reality?

united-states About Agoda specifically, there is ongoing pre-certification class proceedings, initiated in the Superior Court for the State of California and subsequently removed to the US District ...
Jen's user avatar
  • 57.4k
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
  • 8,311
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
  • 218k
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
18 votes

Can 501(C)(3) sell items that were donated?

Non-profits are allowed to make a profit, assuming that the activities and profits are in line with its non-profit intent. Selling a donation to advance its non-profit public benefit is typically ...
cde's user avatar
  • 651
9 votes

Is Intentional Bankruptcy Illegal?

In U.S. law, the most efficient way to address this would be with a fraudulent transfer claim, either within the bankruptcy, or in a separate action of the bankruptcy trustee, to "claw back" ...
ohwilleke's user avatar
  • 218k
9 votes

Can hotel booking companies make up any "original price" they want, or does the claimed original price have to be somehow grounded in reality?

Without touching on the allegations that Agoda, specifically, is inflating their reported prices, the published "rack rate" for a hotel room, is, in fact, generally a fair bit higher than ...
arp's user avatar
  • 695
6 votes
Accepted

Business overcharged me: Can I refuse to pay?

No What you are describing is a contractural dispute. And this dispute isn’t about whether you should pay, it’s about how much you should pay. The correct legal thing to do is pay the amount that is ...
Dale M's user avatar
  • 211k
6 votes

Is lying on paid anonymous surveys fraud?

It is not a crime, nor criminal fraud. It might be breach of contract, depending on the participation contract that you sign, and you might then be denied the compensation that would have been due to ...
user6726's user avatar
  • 215k
6 votes

Can 501(C)(3) sell items that were donated?

Yes, nothing prevents you from selling it. Many museums offer things for sale to help the museum. You need to properly document donations to a nonprofit though.
Mimedfp's user avatar
6 votes

Landlord has broken lease agreement and not refunding the money

Consider the possibility that the "landlord" actually has no ownership rights to the property that you tried to lease and that they scammed you. See if you can find online the real owner of ...
MTA's user avatar
  • 1,439
5 votes

is it legal for a body shop to waive my deductible

Suppose the shop bills you $2000 and you have a $750 deductible. You pay them $750, your insurance company pays $1250. Now suppose instead that the shop purports to waive the deductible. In order ...
phoog's user avatar
  • 37.5k
5 votes

Is Intentional Bankruptcy Illegal?

Further to the answers you already have regarding criminal matters, directors of a company in England or Wales that has gone bankrupt are also subject to various restrictions on what they can do in ...
Graham's user avatar
  • 2,779
5 votes

I had work done on my dentures, but they did not tell me the work was not coved by my insurance

You are responsible for the charges. Dentists, doctors, etc. will file the charges with your insurance for you, but the insurance company decides what they will pay. The dentist would have no idea ...
mikem's user avatar
  • 298
4 votes
Accepted

Adding Previous Tenant's Name to PSEG Bill for School Enrollment

You are being asked to conspire to mislead a government official and to help facilitate fraud. This is a crime, and is a felony in some jurisdictions. While crimes of this type are rarely discovered ...
ohwilleke's user avatar
  • 218k
4 votes

Is it legal in the UK to lie and provide fake documents to get past AML checks?

As noted by Lag in the comments, this is in fact fraud by false representation. The statute states: Fraud by false representation (1) A person is in breach of this section if he— (a) dishonestly ...
ThrowawayCabbage's user avatar
4 votes

Would a dealership be required to honor a car sale agreement made by their chatbot?

The sale would probably be enforceable. The Chatbot is acting as an electronic agent of the car dealer. It doesn't have to be a legal person to do that, any more than an order form of an online ...
ohwilleke's user avatar
  • 218k
3 votes

Are customers of FTX.com liable for clawbacks, given that the contract states they own the assets on the platform?

The case referred to, FTX Trading Ltd. v. Michael Burgess and others (22-11068-JTD), is a claim to recover $157 million of assets withdrawn by former employees who "leveraged their connections to ...
sjy's user avatar
  • 9,188
3 votes

Are customers of FTX.com liable for clawbacks, given that the contract states they own the assets on the platform?

The term of the contract are relevant, but so are the actual facts of what FTX was holding. It will matter whether FTX was in fact holding a discrete asset, attributable to the owner/user, in trust ...
Jen's user avatar
  • 57.4k
3 votes

Imagine that I am some random person in an ordinary democratic country. Can I hack or spam or scam hostile foreign governments?

Since you ask about US law, I will limit my response to US law. There is no single answer, given the breadth of the question, hence I focus on the last option, junta-scamming. Assume that you adopt ...
user6726's user avatar
  • 215k
3 votes

How to get my money back I put down on a purchase and never received item

It might be a breach of contract you could sue, in theory, over If at the time the $100 was provided there was a camper and the person on the app was really going to sell it to you, but then they ...
ohwilleke's user avatar
  • 218k
2 votes

Imagine that I am some random person in an ordinary democratic country. Can I hack or spam or scam hostile foreign governments?

canada It depends on definition of the offence. E.g. if the offence is fraud (such as would likely be the case if one "scams" another out of money), it does not matter that the victims are ...
Jen's user avatar
  • 57.4k
2 votes

Is lying on paid anonymous surveys fraud?

At the point where you are promised payment a contract is formed and you need to read the specifics of that contract to see whether lying would be fraud or not. Example 1: Company is offering 10$ to ...
quarague's user avatar
  • 3,495
2 votes

Is lying on paid anonymous surveys fraud?

Although not theoretically impossible, it would be very unusual for A's lies to give rise to fraud. Each jurisdiction is different but generally, fraud has three major components: A lies to B, B ...
Cadence's user avatar
  • 953
2 votes
Accepted

Online fraud (but not sure)

This sounds like negligence or a breach of contract or a civil consumer protection violation, not fraud or a crime. It isn't a matter for the police. If they'd intended to defraud you, they wouldn't ...
ohwilleke's user avatar
  • 218k
2 votes

joint account to set up and pay bills

Legally, money in a joint account belongs to both people Assuming the account is “any one to sign”, then either party can lawfully withdraw any or all of the money. The bank has no liability to anyone ...
Dale M's user avatar
  • 211k
2 votes

Can a company lie to a person in the course of a business relationship?

united-states Can a company lie to a person in the course of a business relationship? It is possible for a company lie to a person in a business relationship. The consequences for the business for ...
ohwilleke's user avatar
  • 218k
2 votes

Is Intentional Bankruptcy Illegal?

italy The Italian laws defines a crime exactly for this case. It is called bancarotta fraudolenta in English fraudulent bankruptcy. However. It is so common that the newspapers for this case coined ...
FluidCode's user avatar
  • 520
2 votes
Accepted

Bait and switch fraud from a car dealer

england-and-wales Is it fraud? It could be fraud by false representation under Section 2 of the Fraud Act 2006: (1)A person is in breach of this section if he - (a) dishonestly makes a false ...
JBentley's user avatar
  • 8,311

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