New answers tagged

8

Most probably not. The elements for fraud generally include: a stated fact that is false and material to the fraud the fraudster's knowledge (or willful ignorance) that the fact is false the fraudster intending that the mark should be suckered as a result the mark's ignorance that the fact is false the mark's reliance on the false fact the mark has a right ...


27

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 for believing the nonsense they say, including explicitly saying they make it up because people will pay to hear it. I'm guessing you're asking if this is 'wire ...


2

Is impersonating a bank account owner, in the above described situation, actually legal in general? Probably not, unless the account owner has expressly authorized it. It would violate banking privacy laws. It isn't necessarily actionable as a private cause of action for damages (damages would be nominal at most), but that wouldn't make it legal, and some ...


10

Generally speaking, this is only true in the case of statements about publicly held securities presented in a manner that suggests that it can be relied upon.


3

People don't have to believe Alex Jones and Infowars to find the content entertaining. My boyfriend enjoys Jones because he likes watching the man's crazy antics as he defends that chemicals in the water "turn the freakin' frogs gay". There's also the case that, on that matter, Jones is right for the wrong reasons: Frogs are especially ...


6

There are professionals who are doing penetration testing in an attempt to find security vulnerabilities with the target company. They will have a clear, written contract with the target company to permit the attack. Professional conduct means making sure that the permission is genuine before starting the attack. Their aim is to map weak points in the ...


-1

As long as it is specified in the description of the item that it is, in fact, a photo, then it's their fault for not reading the description, and not illegal. If there is no such thing in the description, then it is false advertising, which is illegal.


5

It is not uncommon for a company to issue additional shares to shareholders instead of paying a cash dividend. This is known as a "stock dividend". Such payment may (less commonly) be in shares of another, often related, company. If that is the source of the stock in question there is nothing illegal about it. Your broker should have a record of ...


0

I suspect that in the current quiet time for travel, they are doing audits, especially of multiple claims via "Delay Genie" and similar apps . If the claim or claims date from a year ago, if fraud is suspected, the only way this can be dealt with is via the Crown Court at trial on indictment. This is because the six-month period has passed for ...


2

What time protection does the Fraud Act of 2006 offer to the accused? None. Fraud is what we call an "either way offence" and there is no time limit on bringing a prosecution. What does it take to argue that the accused was intentional in his act of making the claim? Evidence of his intent, in particular anything that can be shown to be dated when ...


0

The Crown must prove the fraud This is the same protection that anyone accused of a crime has, the burden of proof, beyond reasonable doubt, rests on the prosecution. This sounds like a Section 2 fraud so the elements that need to be proved are a dishonestly made false representation. That is, one that is untrue or misleading and that the defendant knows is ...


5

You’ve presented a number of different scenarios, without a lot of specifics, so I’ll start from the top, and from a US perspective. A very generic term that would come up in this situation is material misstatement. one might say that an account or line item is overstated or understated, or a misstatement could arise from the omission of a necessary note, ...


2

I am not certain that it's a legal term, but the expression "salt a mine" describes the concept pretty closely. There may not be a legal term for this because it's not necessarily illegal. Or, at least, it may not be any one crime, but may depend on the intentions. It's salting a mine if it's done for the purposes of selling the company, but it's ...


-2

I don't think it's quite what you're looking for, but arbitrage has some similarities: the nearly simultaneous purchase and sale of securities or foreign exchange in different markets in order to profit from price discrepancies


1

Can you get jailed for misreporting numbers to pay less? Possibly But any prosecution, and sentence, may depend on the level of culpability, provable guilty knowledge and of course any other admissible evidence. Two offences seem relevant under the Canada Criminal Code: Fraud 380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or ...


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