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

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 ...


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 ...


18

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 to have in P's possession or under P's control— (a) an identity document that is false and that P knows or believes to be false, (b) an identity document that ...


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.


15

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 ...


11

It is illegal in Germany. The German Criminal Code (Strafgesetzbuch, StGB) says: Section 271 Causing false records (1) Whoever causes declarations, negotiations or facts which are of relevance for rights or legal relationships to be recorded or stored in public documents, books, data files or registers as having been made or having occurred or having been ...


6

A contract can’t legalise illegality Let’s assume that absent the “simulation” disclosure in the ToS, this would be fraud. The question then becomes, does making the disclosure make it not fraud? Fraud requires dishonesty and deception. These are measured by what a reasonable person would determine from the overall conduct so a small piece of truth in ...


6

As the refusal letter of the context question states, the papers were decided to be a false representation because they are (among other reasons) probably used by an imposter [as in: he is not the person the papers claim to be] have been obtained fraudulently [as in: the information given to the issuing country were not correct] The UK authorities reasoned,...


5

Your court will surely lack jurisdiction against an unidentified scammer in a foreign country hiding behind a sequence of VPNs. Unless by some wild application of both skill and coincidience, you identify the scammer in a nation from which you have a chance of filing litigation. Yes, you would have a case that the requirement to keep a web browser page ...


5

Possibly The game company has almost certainly excluded liability under the contract you entered. There may be some consumer protection that you have that they cannot exclude - I don’t know enough about German law to meaningfully comment. Notwithstanding, if you were to initiate legal action against the, as yet, unknown wrongdoer, you could subpoena the ...


5

It could be an offence contrary to Section 6 of the Fraud Act 2006 in the UK: (1) A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud.


4

There is nothing wrong with paying in cash; there is something wrong about hiding a transaction that relates to a taxable event. Cash makes that easier.


4

Is there any way to legally demonstrate that this is a fraud? That is quite difficult and unlikely. The nonsense in the deadline could be the result of sloppy job by whoever drafted the advertisement rather than an intentional blocking of candidates. Proving that there was fraud, conflict of interests, or akin misconduct, would require auditing the ...


4

It's not your job to investigate crimes and find the culprit In general, companies have to (and do) cooperate with investigation of crimes - providing evidence, identifying people, taking corrective actions. But it is not their duty to investigate crimes. That happens through the legal system; the police investigate crimes and courts issue warrants/subpoenas ...


3

if they do admit to to such fraudulent behavior, either in writing or over the phone, what legal action can I take against them? First of all, the intermediary with whom you are dealing will not admit fraud in writing or over the phone. Most likely the intermediary knows where, when, and how to give a candidate or employee directions that are sought to ...


3

This is also admittedly more of a technical explanation than a legal one but it's relevant. The spammer presumably has control of multiple accounts. Whether the accounts were stolen from other users or created by the spammer themselves, they likely have not just one but hundreds, thousands, or even millions of accounts they can send scam mails from. It ...


3

Potentially, yes - especially if its the government you lie to in your CV/resume or course of work. Wayne Simmons, a regular Fox News commentator who claimed to have worked for the Central Intelligence Agency for almost three decades, was arrested on Thursday for allegedly fabricating his agency experience. CNN Money reports that Simmons appeared in court ...


3

The simplest method is to demonstrate the falsity of the claims: this is simpler than pursuing punitive action against the opposition because in addition to demonstrate the falsity of the claims, you have to demonstrate willfulness and deceitfulness of the oppositions actions. In reading appellate decisions, you will often encounter statement by the higher ...


3

I believe in truth, justice and equality for all What I get is something else. Nobody cares what you believe: what can you prove? And what can they prove? They say they posted you this letter. You say you never received it. If it goes to court they will submit evidence about how their internal letter generation and postal system works, this either will or ...


2

Under the Electronic Fund Transfer Act you must report the fraud right away: if you act within 2 days your liability is limited to $50. Since you acted very quickly, that's the most you can lose. It could be zero under the terms of your bank agreement. This section states the specifics of your liability.


2

Can intentionally providing climate change disinformation known to the provider to be false be construed as fraud? No. That is insufficient for a finding of fraud. One of the prima facie elements of fraud is that the consumer of provider's information incur losses (aka consequent damage) as a result of that misrepresentation. See Elcon Const. v. Eastern ...


2

Pretty much like buying a knife does not prove the buyer's intent to cut someone's throat, paying/accepting cash does not prove tax evasion. A contractor person is a one-man business. Tax-wise, there is no difference whether he sells services to businesses or private individuals. Both can pay him cash and leave it up to him to worry (or not) about his taxes....


2

This would not be a crime. Most activities that are illegal are not crimes. It might violate the consumer protection laws of some jurisdictions, which are sometimes called deceptive trade practices acts. (Determining which jurisdiction's laws apply is non-trivial in an internet based transaction.) It is not illegal anywhere to have only a limited supply of ...


2

how Do I prove unauthorized use of my signature? Proving a negative (here, the fact you did not sign the disciplinary documents) is usually very difficult, if possible at all. Instead, most likely your proof would consist of circumstantial evidence that discredits the employer's allegations. To that effect, you would need to subpoena the employer for ...


1

In England and Wales, Fraud by false representation s2 Fraud Act 2006: 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 or another, or (ii) to cause loss to another or to ...


1

I know the OP asked specifically about the United States, but as an additional data-point, lying on a CV is definitely criminal in England and Wales (specifically "Fraud by misrepresentation"). See this article in the Independent (I couldn't find an online copy of the original leaflet). The article reports one woman who was given a six month sentence for ...


1

Would she be arrested? Almost certainly not. Could she be arrested? Yes, criminal fraud, case would be similar to the cases made against participants in the recent college admissions scandals in the US. This only happens when the media gets involved and some prosecutor with political aspirations thinks that justice in this case would be popular. In many ...


1

What constitutes FRAUD by a landlord before leasing? Elcon Const. v. Eastern Washington Univ., 273 P.3d 965, 970 (2012) lists the prima facie elements of fraud. Identifying how each one of items (1)-(9) listed in section Fraudulent Inducement matches the situation you describe is straight-forward. That being said, signing a contract usually supersedes ...


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