Fraud

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A fake automated teller slot used to commit bank fraud upon bank patrons NS skimapparaat.jpg
A fake automated teller slot used to commit bank fraud upon bank patrons

In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. [1] The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. [2]

Contents

Terminology

Fraud can be defined as either a civil wrong or a criminal act. For civil fraud, a government agency or person or entity harmed by fraud may bring litigation to stop the fraud, seek monetary damages, or both. For criminal fraud, a person may be prosecuted for the fraud and potentially face fines, incarceration, or both.

Civil law

In common law jurisdictions, as a civil wrong, fraud is a tort. While the precise definitions and requirements of proof vary among jurisdictions, the requisite elements of fraud as a tort generally are the intentional misrepresentation or concealment of an important fact upon which the victim is meant to rely, and in fact does rely, to the harm of the victim. [3] Proving fraud in a court of law is often said to be difficult as the intention to defraud is the key element in question. [4] As such, proving fraud comes with a "greater evidentiary burden than other civil claims". This difficulty is exacerbated by the fact that some jurisdictions require the victim to prove fraud by clear and convincing evidence. [5]

The remedies for fraud may include rescission (i.e., reversal) of a fraudulently obtained agreement or transaction, the recovery of a monetary award to compensate for the harm caused, punitive damages to punish or deter the misconduct, and possibly others. [6]

In cases of a fraudulently induced contract, fraud may serve as a defense in a civil action for breach of contract or specific performance of contract. Similarly, fraud may serve as a basis for a court to invoke its equitable jurisdiction.

Criminal law

In common law jurisdictions, as a criminal offense, fraud takes many different forms, some general (e.g., theft by false pretense) and some specific to particular categories of victims or misconduct (e.g., bank fraud, insurance fraud, forgery). The elements of fraud as a crime similarly vary. The requisite elements of perhaps the most general form of criminal fraud, theft by false pretense, are the intentional deception of a victim by false representation or pretense with the intent of persuading the victim to part with property and with the victim parting with property in reliance on the representation or pretense and with the perpetrator intending to keep the property from the victim. [7]

Types of fraud

An advertisement for possibly fraudulent "work-at-home scheme" Workathomead.jpg
An advertisement for possibly fraudulent "work-at-home scheme"

The falsification of documents, known as forgery, and counterfeiting are types of fraud involved in physical duplication or fabrication. The "theft" of one's personal information or identity, like one finding out another's social security number and then using it as identification, is a type of fraud. Fraud can be committed through and across many media including mail, wire, phone, and the Internet (computer crime and Internet fraud).

Given the international nature of the web and ease with which users can hide their location, obstacles to checking identity and legitimacy online, and the variety of hacker techniques available to gain access to PII have all contributed to the very rapid growth of Internet fraud. [8] In some countries, tax fraud is also prosecuted under false billing or tax forgery. [9] There have also been fraudulent "discoveries", e.g., science, where the appetite is for prestige rather than immediate monetary gain. [10]

A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim.

Internal fraud

Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. [11]

Commodities fraud

The illegal act of obtaining (or the attempt of obtaining) a certain amount of currency in accordance with a contract that promises the later exchange of equated assets, which ultimately never arrive, is a type of fraud, known as commodities fraud. [12] Alternatively, the term can relate to: the failure of registering in an exchange; the act of deliberately providing falsified information to clients; the action of executing transactions with the sole purpose of making a profit for the payee; the theft of client funds. [12] [ better source needed ]

Detection

A fraudulent manufacturer's suggested retail price on a speaker White Van Speaker Scam fraudulent MSRP.jpg
A fraudulent manufacturer's suggested retail price on a speaker

The detection of fraudulent activities on a large scale is possible with the harvesting of massive amounts of financial data paired with predictive analytics or forensic analytics, the use of electronic data to reconstruct or detect financial fraud.

Using computer-based analytic methods in particular allows for surfacing of errors, anomalies, inefficiencies, irregularities, and biases which often refer to fraudsters gravitating to certain dollar amounts to get past internal control thresholds. [13] These high-level tests include tests related to Benford's Law and possibly also those statistics known as descriptive statistics. High-level tests are always followed by more focused tests to look for small samples of highly irregular transactions. The familiar methods of correlation and time-series analysis can also be used to detect fraud and other irregularities. [14]

Cost

Participants of a 2010 survey by the Association of Certified Fraud Examiners estimated that the typical organization loses five percent of its annual revenue to fraud, with a median loss of $160,000. Fraud committed by owners and executives were more than nine times as costly as employee fraud. The industries most commonly affected are banking, manufacturing, and government. [15]

By region

Asia

China

In China, according to the Criminal Law of the People's Republic of China, the Crime of Fraud (诈骗罪) refers to the "criminal act of deceiving and obtaining public or private property." [16]

According to Article 266 of the Criminal Law: [16]

  1. Those who commit fraud involving a "relatively large amount" of public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or injunction control with community correction, and may additionally or solely be fined.
  2. If the amount involved is "large" or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
  3. If the amount involved is "particularly large" or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of over ten years or life imprisonment and shall also be fined or have their property confiscated.

According to the "Interpretation on Several Issues Concerning the Specific Application of the Law in Handling Criminal Cases of Fraud" (关于办理诈骗刑事案件具体应用法律若干问题的解释) issued by the Supreme People's Court and the Supreme People's Procuratorate in 2011, for cases of fraud involving public or private property with a value ranging from 3,000 yuan to 30,000 yuan, from 30,000 yuan to 500,000 yuan, and over 500,000 yuan, they should be respectively deemed as "relatively large amount," "large amount," and "particularly large amount" as stipulated in Article 266 of the Criminal Law. [17]

India

In India, the criminal laws are enshrined in the Indian Penal Code. [18] It is supplemented by the Criminal Procedure Code and Indian Evidence Act.

Europe

United Kingdom

In 2016, the estimated value lost through fraud in the UK was £193 billion a year. [19]

In January 2018, the Financial Times reported that the value of UK fraud hit a 15-year high of £2.11bn in 2017, according to a study. The article said that the accountancy firm BDO examined reported fraud cases worth more than £50,000 and found that the total number rose to 577 in 2017, compared with 212 in 2003. The study found that the average amount stolen in each incident rose to £3.66m, up from £1.5m in 2003. [20]

As at November 2017, fraud is the most common criminal offence in the UK according to a study by Crowe Clark Whitehill, Experian and the Centre for Counter Fraud Studies. [21] The study suggests the UK loses over £190 billion per year to fraud. £190 billion is more than 9% of the UK's projected GDP for 2017 ($2,496 (£2,080) billion according to Statistics Times.[ citation needed ]) The estimate for fraud in the UK figure is more than the entire GDP of countries such as Romania, Qatar and Hungary. [22]

According to another review by the UK anti-fraud charity Fraud Advisory Panel (FAP), business fraud accounted for £144bn, while fraud against individuals was estimated at £9.7bn. The FAP has been particularly critical of the support available from the police to victims of fraud in the UK outside of London. Although victims of fraud are generally referred to the UK's national fraud and cyber crime reporting centre, Action Fraud, the FAP found that there was "little chance" that these crime reports would be followed up with any kind of substantive law enforcement action by UK authorities, according to the report. [23]

In July 2016, it was reported that fraudulent activity levels in the UK increased in the 10 years leading up to 2016 from £52 billion to £193 bn. This figure would be a conservative estimate, since as the former commissioner of the City of London Police, Adrian Leppard, has said, only 1 in 12 such crimes are actually reported. [24] Donald Toon, director of the NCA's economic crime command, stated in July 2016: "The annual losses to the UK from fraud are estimated to be more than £190bn". Figures released in October 2015 from the Crime Survey of England and Wales found that there had been 5.1 million incidents of fraud in England and Wales in the previous year, affecting an estimated one in 12 adults and making it the most common form of crime. [25]

Also in July 2016, the Office for National Statistics (ONS) stated "Almost six million fraud and cyber crimes were committed last year in England and Wales and estimated there were two million computer misuse offences and 3.8 million fraud offences in the 12 months to the end of March 2016." Fraud affects one in ten people in the UK. According to the ONS, most fraud relates to bank account fraud. These figures are separate from the headline estimate that another 6.3 million crimes (distinct from fraud) were perpetrated in the UK against adults in the year to March 2016. [26]

Fraud was not included in a "Crime Harm Index" published by the Office for National Statistics in 2016. Michael Levi, professor of criminology at Cardiff University, remarked in August 2016 that it was "deeply regrettable" that fraud was being left out of the first index despite being the most common crime reported to police in the UK. Levi said "If you've got some categories that are excluded, they are automatically left out of the police's priorities."[ citation needed ] The Chief of the National Audit Office (NAO), Sir Anyas Morse has also said "For too long, as a low-value but high-volume crime, online fraud has been overlooked by government, law enforcement and industry. It is now the most commonly experienced crime in England and Wales and demands an urgent response." [27]

HM Treasury issued guidance to central government departments in January 2011 concerned with "Tackling Internal Fraud", concerned that economic pressures and potential staff redundancies at the time might lead those staff who "might be tempted" to commit fraud to make more of any opportunity which might arise, noting a possible shift in the balance between "the reward from fraud" and the risk of detection. [28] An aspect of the guidance was to equip staff to look out for "fraud indicators": clues or hints that an individual member of staff, team or area of activity might need "a closer look". [28] : Section 4.16 

In 2022, the television program Scam Interceptors revealed that the majority of fraud in the United Kingdom was perpetrated from industrial-scale scamming call centres in Asia. [29]

England, Wales, and Northern Ireland

Since 2007, fraud in England and Wales and Northern Ireland has been covered by the Fraud Act 2006. The Act was given royal assent on 8 November 2006, and came into effect on 15 January 2007. [30]

The Act gives a statutory definition of the criminal offence of fraud, defining it in three classes—fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud is liable to a fine or imprisonment for up to six months on summary conviction, or a fine or imprisonment for up to ten years on conviction on indictment. This Act largely replaces the laws relating to obtaining property by deception, obtaining a pecuniary advantage and other offences that were created under the Theft Act 1978.

Serious Fraud Office

The Serious Fraud Office is an arm of the Government of the United Kingdom, accountable to the Attorney General for England and Wales.

The National Fraud Authority (NFA) was, until 2014, a government agency coordinating the counter-fraud response in the UK.

Cifas is a British fraud prevention service, a not-for-profit membership organization for all sectors that enables organizations to share and access fraud data using their databases. Cifas is dedicated to the prevention of fraud, including internal fraud by staff, and the identification of financial and related crime.

Scotland

In Scots law, fraud is covered under the common law and a number of statutory offences. The main fraud offences are common law fraud, uttering, embezzlement, and statutory fraud. The Fraud Act 2006 does not apply in Scotland.

North America

Canada

Section 380(1) of the Criminal Code provides the general definition for fraud in Canada:

380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction, where the value of the subject-matter of the offence does not exceed five thousand dollars. [31]

In addition to the penalties outlined above, the court can also issue a prohibition order under s. 380.2 (preventing a person from "seeking, obtaining or continuing any employment, or becoming or being a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person"). It can also make a restitution order under s. 380.3. [32]

The Canadian courts have held that the offence consists of two distinct elements:

  • A prohibited act of deceit, falsehood or other fraudulent means. In the absence of deceit or falsehood, the courts will look objectively for a "dishonest act"; and
  • The deprivation must be caused by the prohibited act, and deprivation must relate to property, money, valuable security, or any service. [33]

The Supreme Court of Canada has held that deprivation is satisfied on proof of detriment, prejudice or risk of prejudice; it is not essential that there be actual loss. [34] Deprivation of confidential information, in the nature of a trade secret or copyrighted material that has commercial value, has also been held to fall within the scope of the offence. [35]

United States

Criminal fraud

The proof requirements for criminal fraud charges in the United States are essentially the same as the requirements for other crimes: guilt must be proved beyond a reasonable doubt. Throughout the United States fraud charges can be misdemeanours or felonies depending on the amount of loss involved. High value fraud can also trigger additional penalties. For example, in California, losses of $500,000 or more will result in an extra two, three, or five years in prison in addition to the regular penalty for the fraud. [36]

The U.S. government's 2006 fraud review concluded that fraud is a significantly under-reported crime, and while various agencies and organizations were attempting to tackle the issue, greater co-operation was needed to achieve a real impact in the public sector. [37] The scale of the problem pointed to the need for a small but high-powered body to bring together the numerous counter-fraud initiatives that existed.

Civil fraud

Although elements may vary by jurisdiction and the specific allegations made by a plaintiff who files a lawsuit that alleged fraud, typical elements of a fraud case in the United States are that:

  1. Somebody misrepresents a material fact in order to obtain action or forbearance by another person
  2. The other person relies upon the misrepresentation
  3. The other person suffers injury as a result of the act or forbearance taken in reliance upon the misrepresentation

To establish a civil claim of fraud, most jurisdictions in the United States require that each element of a fraud claim be pleaded with particularity and be proved by a preponderance of the evidence, [38] meaning that it is more likely than not that the fraud occurred. Some jurisdictions impose a higher evidentiary standard, such as Washington State's requirement that the elements of fraud be proved with clear, cogent, and convincing evidence (very probable evidence), [39] or Pennsylvania's requirement that common law fraud be proved by clear and convincing evidence. [40]

The measure of damages in fraud cases is normally computed using one of two rules: [41]

  • The "benefit of bargain" rule, which allows for recovery of damages in the amount of the difference between the value of the property had it been as represented and its actual value;
  • Out-of-pocket loss, which allows for the recovery of damages in the amount of the difference between the value of what was given and the value of what was received.

Special damages may be allowed if shown to have been proximately caused by defendant's fraud and the damage amounts are proved with specificity.

Some jurisdictions may permit a plaintiff in a fraud case to seek punitive or exemplary damages. [42]

Anti-fraud provisioning

Beyond legislation directed at preventing or punishing fraud, some governmental and non-governmental organizations engage in anti-fraud efforts.

Between 1911 and 1933, 47 states adopted the so-called Blue Sky Laws status. [43] These laws were enacted and enforced at the state level and regulated the offering and sale of securities to protect the public from fraud. Though the specific provisions of these laws varied among states, they all required the registration of all securities offerings and sales, as well as of every U.S. stockbroker and brokerage firm. [44] However, these Blue Sky laws were generally found to be ineffective.

To increase public trust in the capital markets the President of the United States, Franklin D. Roosevelt, established the U.S. Securities and Exchange Commission (SEC). [45] The main reason for the creation of the SEC was to regulate the stock market and prevent corporate abuses relating to the offering and sale of securities and corporate reporting. The SEC was given the power to license and regulate stock exchanges, the companies whose securities traded on them, and the brokers and dealers who conducted the trading. [46]

Statistics

Rate of fraud per capita for individual countries as reported by United Nations Office on Drugs and Crime is shown below for the last available year. [47] Definitions of fraud and fraction of unreported fraud might differ for each country,.

Further reading

Apart from fraud, there are several related categories of intentional deceptions that may or may not include the elements of personal gain or damage to another individual:

See also

Related Research Articles

A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details.

<span class="mw-page-title-main">Theft</span> Act of taking anothers property without consent

Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.

Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft by its inherently violent nature ; whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words of Germanic origin, from Common Germanic raub "theft".

<span class="mw-page-title-main">Forgery</span> Process of making, adapting, or imitating objects to deceive

Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific intent to defraud. Tampering with a certain legal instrument may be forbidden by law in some jurisdictions but such an offense is not related to forgery unless the tampered legal instrument was actually used in the course of the crime to defraud another person or entity. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations.

Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law, where in many cases it remains in force.

<span class="mw-page-title-main">Identity theft</span> Deliberate use of someone elses identity

Identity theft, identity piracy or identity infringement occurs when someone uses another's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term identity theft was coined in 1964. Since that time, the definition of identity theft has been legally defined throughout both the U.K. and the U.S. as the theft of personally identifiable information. Identity theft deliberately uses someone else's identity as a method to gain financial advantages or obtain credit and other benefits. The person whose identity has been stolen may suffer adverse consequences, especially if they are falsely held responsible for the perpetrator's actions. Personally identifiable information generally includes a person's name, date of birth, social security number, driver's license number, bank account or credit card numbers, PINs, electronic signatures, fingerprints, passwords, or any other information that can be used to access a person's financial resources.

<span class="mw-page-title-main">Arson</span> Intentional burning of property as a crime

Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving risk to human life or property carrying a stricter penalty. Arson that results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy.

Embezzlement is a term commonly used for a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking advantage of their position to steal funds or assets, most commonly over a period of time.

A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.

In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.

Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating apprehension of such contact.

Bank fraud is the use of potentially illegal means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently posing as a bank or other financial institution. In many instances, bank fraud is a criminal offence.

Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are U.S. federal crimes. Jurisdiction is claimed by the federal government if the illegal activity crosses interstate or international borders.

Insurance fraud is any act committed to defraud an insurance process. It occurs when a claimant attempts to obtain some benefit or advantage they are not entitled to, or when an insurer knowingly denies some benefit or advantage that is due. According to the United States Federal Bureau of Investigation, the most common schemes include premium diversion, fee churning, asset diversion, and workers compensation fraud. Perpetrators in the schemes can be insurance company employees or claimants. False insurance claims are insurance claims filed with the fraudulent intention towards an insurance provider.

False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.

<span class="mw-page-title-main">Possession of stolen goods</span> Category of crime

Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods.

Compounding a felony was an offence under the common law of England and was classified as a misdemeanour. It consisted of a prosecutor or victim of an offence accepting anything of value under an agreement not to prosecute, or to hamper the prosecution of, a felony. To "compound", in this context, means to come to a settlement or agreement. It is not compounding for the victim to accept an offer to return stolen property, or to make restitution, as long as there is no agreement not to prosecute.

<span class="mw-page-title-main">Fraud Act 2006</span> United Kingdom legislation

The Fraud Act 2006 is an Act of the Parliament of the United Kingdom which affects England and Wales and Northern Ireland. It was given royal assent on 8 November 2006, and came into effect on 15 January 2007.

At law, cheating is a specific criminal offence relating to property.

References

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  2. ↑ "Basic Legal Concepts". Journal of Accountancy. October 2004. Archived from the original on 25 December 2018. Retrieved 18 December 2013.
  3. ↑ "California Civil Jury Instructions: 1900. Intentional Misrepresentation". Judicial Council of California. Archived from the original on 28 December 2013. Retrieved 27 December 2013.
  4. ↑ Henning, Peter J. (13 December 2020). "The Difficulty of Proving Financial Crimes". DealBook. Archived from the original on 1 August 2020. Retrieved 23 May 2020.
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  8. ↑ Richet, Jean-Loup (2022). "How cybercriminal communities grow and change: An investigation of ad-fraud communities". Technological Forecasting and Social Change. 174 (121282): 121282. doi: 10.1016/j.techfore.2021.121282 . ISSN   0040-1625. S2CID   239962449.
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  20. ↑ "UK fraud hits 15-year high with value of £2bn". Financial Times. Archived from the original on 10 December 2022.
  21. ↑ "Fraud costs the UK economy £190bn as incidents soar | City A.M." Archived from the original on 13 November 2017. Retrieved 13 November 2017.
  22. ↑ Murphy, Ian (13 November 2017). "Experian claims fraud costs GB£190 billion per year". Enterprise Times. Archived from the original on 13 November 2017. Retrieved 13 November 2017.
  23. ↑ The Fraud Review Ten Years On (PDF). Fraud Advisory Panel. 2016. Archived (PDF) from the original on 21 August 2016. Retrieved 14 July 2016.
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  28. 1 2 UKOpenGovernmentLicence.svg  This article incorporates text published under the British Open Government Licence : HM Treasury, Tackling Internal Fraud , published January 2011, archived version accessed 9 November 2022
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  30. ↑ "The Fraud Act 2006 (Commencement) Order 2006", legislation.gov.uk , The National Archives, 29 November 2006, SI 2006/3200
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  34. ↑ R. v. Olan et al., [1978] 2 S.C.R. 1175. Full text of Supreme Court of Canada decision at LexUM
  35. ↑ R. v. Stewart, [1988] 1 S.C.R. 963. Full text of Supreme Court of Canada decision at LexUM
  36. ↑ "California Code, Penal Code - PEN § 186.11". California Legislative Information. California State Legislature. Archived from the original on 10 August 2017. Retrieved 9 August 2017. If the pattern of related felony conduct involves the taking of, or results in the loss by another person or entity of, more than five hundred thousand dollars ($500,000), the additional term of punishment shall be two, three, or five years in the state prison.
  37. ↑ "Financial Crimes Report 2006". Federal Bureau of Investigation. Archived from the original on 10 July 2017. Retrieved 6 September 2017.
  38. ↑ See, e.g., "Halpert v. Rosenthal, 267 A. 2d 730 (R.I. 1970)". Google Scholar. Retrieved 6 September 2017.
  39. ↑ "WPI 160.02 Fraud—Burden of Proof". Washington Pattern Jury Instructions - Civil. West. Archived from the original on 6 August 2017. Retrieved 24 May 2017.
  40. ↑ "Boehm v. Riversource Life Insurance Co., 2015 PA Super 120, 117 A.3d 308 (Pa. Super. 2015)". Google Scholar. Retrieved 24 May 2017.
  41. ↑ Chang, Stanley Y. (April 1994). "The CPA Journal Online". Archived from the original on 7 September 2017. Retrieved 6 September 2017.
  42. ↑ Koerner, Theodore G. (January 1958). "Contracts: Damages: Punitive Damages Awarded for Breach Accompanied by Fraudulent Act". Michigan Law Journal. 56 (3): 448–450. doi:10.2307/1286082. JSTOR   1286082. Archived from the original on 22 January 2021. Retrieved 2 January 2021.
  43. ↑ "Speech by SEC Staff: remarks at the F. Hodge O'Neal Corporate and securities Law symposium". sec.gov. 21 February 2003. Archived from the original on 8 July 2017. Retrieved 28 August 2017.
  44. ↑ "Blue Sky Laws". Seclaw.com. 7 July 2007. Archived from the original on 9 December 2017. Retrieved 5 December 2013.
  45. ↑ "Franklin Delano Roosevelt (1882–1945)". gwu.edu. Archived from the original on 14 May 2021. Retrieved 8 November 2023.
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