Fraud
Welcome to the Finance-Direct Fraud Home Page
We're glad you're visiting
our fraud resource. You will find great
resources, articles, links and much more about fraud. The
Menu is located at the bottom of the page.
We hope you enjoy our fraud website, ~ The "Finance-Direct" Team.
|
|
About Fraud
In the broadest sense, a fraud is a deception made for
personal gain or to damage another individual. The specific legal
definition varies by legal jurisdiction. Fraud is a crime, and is also a
civil law violation. Many hoaxes are fraudulent, although those not made
for personal gain are not technically frauds. Defrauding people of money
is presumably the most common type of fraud, but there have also been
many fraudulent "discoveries" in art, archaeology, and science.
In criminal law, fraud is the crime or offense of
deliberately deceiving another in order to damage them – usually, to
obtain property or services unjustly. [1] Fraud can be accomplished
through the aid of forged objects. In the criminal law of common law
jurisdictions it may be called "theft by deception," "larceny by trick,"
"larceny by fraud and deception," or something similar.
Fraud for profit involves industry professionals.
There are generally multiple loan transactions with several financial
institutions involved. These frauds include numerous gross
misrepresentations including: |
income is overstated, assets are overstated,
collateral is overstated, the length of employment is overstated or
fictitious employment is reported, and employment is backstopped by
conspirators. The borrower's debts are not fully disclosed, nor is the
borrower's credit history, which is often altered. Often, the borrower
assumes the identity of another person (straw buyer). The borrower
states he intends to use the property for occupancy when he/she intends
to use the property for rental income, or is purchasing the property for
another party (nominee). Appraisals almost always list the property as
owner-occupied. Down payments do not exist or are borrowed and disguised
with a fraudulent gift letter. The property value is inflated (faulty
appraisal) to increase the sales value to make up for no down payment
and to generate cash proceeds in fraud for profit.
Marriage Fraud can take several forms and is the act of entering a
marriage for personal gain rather than a genuine desire to enter into a
sincere marital relationship. Marriage Fraud is usually associated with
obtaining immigration benefits. In the United States, marriage fraud for
immigration purposes is punishable under INA §204(c)(1) and the
Immigration Marriage Fraud Amendments of 1986. Possible criminal
penalties include $250,000 and 5 years in prison as well as deportation
and a permanent bar against receiving future immigration status.
Marriage Fraud can be either unilateral or bilateral Unity and
Immigration Policy in the United States. In a unilateral marriage fraud,
only one party is aware of the fraud and the fraud is against both the
immigration service as well as the other party. The innocent party may
file a lawsuit and/or annulment of the marriage. In a bilateral fraud,
both parties are aware of it and both parties are subject to criminal
penalties.
In academia and science, fraud can refer to academic fraud – the
falsifying of research findings which is a form of scientific misconduct
– and in common use intellectual fraud signifies falsification of a
position taken or implied by an author or speaker, within a book,
controversy or debate, or an idea deceptively presented to hide known
logical weaknesses. Journalistic fraud implies a similar notion, the
falsification of journalistic findings.
Fraud can be committed through many methods, including mail, wire,
phone, and the internet (computer crime and internet fraud). The
difficulty of checking identity and legitimacy online, the ease with
which hackers can divert browsers to dishonest site and steal credit
card details, the international dimensions of the web and ease with
which users can hide their location, all contribute to making internet
fraud the fastest growing area of fraud.
Acts which may constitute criminal fraud include:
* bait and switch
* bankruptcy fraud, is a US federal crime that can lead to criminal
prosecution under the charge of theft of the goods or services,
* charlatanism (psychic and occult),
* confidence tricks such as the 419 fraud, Spanish Prisoner, and the
shell game
* creation of false companies or "long firms"
* embezzlement taking money which is under your control, but not yours,
* false advertising
* false billing
* false insurance claims
* forgery of documents or signatures,
* health fraud, selling of products of spurious use, such as quack
medicines,
* identity theft
* investment frauds, such as Ponzi schemes
* marriage fraud to obtain immigration benefits INA §204(c)(1),
* securities frauds such as pump and dump
* taking payment for goods sold online, by mail or phone, such as
tickets, with no intention of delivering them.
Fraud, in addition to being a criminal act, is also a
type of civil law violation known as a tort. A tort is a civil wrong for
which the law provides a remedy. A civil fraud typically involves the
act of intentionally making a false representation of a material fact,
with the intent to deceive, which is reasonably relied upon by another
person to that person's detriment. A "false representation" can take
many forms, such as:
* A false statement of fact, known to be false at the time it was made;
* A statement of fact with no reasonable basis to make that statement;
* A promise of future performance made with an intent, at the time the
promise was made, not to perform as promised;
* A statement of opinion based on a false statement of fact;
* A statement of opinion that the maker knows to be false; or
* An expression of opinion that is false, made by one claiming or
implying to have special knowledge of the subject matter of the opinion.
"Special knowledge" in this case means knowledge or information superior
to that possessed by the other party, and to which the other party did
not have equal access.
Common law fraud has nine elements: (1) representation
of an existing fact; (2) its materiality; (3) its falsity; (4) the
speaker's knowledge of its falsity; (5) the speaker's intent that it
shall be acted upon by the plaintiff; (6) plaintiff's ignorance of its
falsity; (7) plaintiff's reliance on the truth of the representation;
(8) plaintiff's right to rely upon it; and (9) consequent damages
suffered by plaintiff. Most jurisdictions in the United States require
that each element be proved with clear, cogent, and convincing evidence
(very probable evidence) to establish a claim of fraud. The measure of
damages in fraud cases is to be computed by the "benefit of bargain"
rule, which is the difference between the value of the property had it
been as represented, and its actual value. Special damages may be
allowed if shown proximately caused by defendant's fraud and the damage
amounts are proved with specificity.
In the UK a report concluded that the total costs of fraud and dealing
with fraud in the year 2005-2006 was at least 13.9 Billion GBP.
|