Difference between revisions of "Fraud"
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A '''fraud''' is a false representation of a matter of fact which is intended to deceive another. | A '''fraud''' is a false representation of a matter of fact which is intended to deceive another. | ||
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==References== | ==References== | ||
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{{reflist}} | {{reflist}} | ||
{{DivineComedy}} | {{DivineComedy}} | ||
{{Ten Commandments}} | {{Ten Commandments}} | ||
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[[Category:Legal Terms]] | [[Category:Legal Terms]] | ||
[[Category:Sin]] | [[Category:Sin]] | ||
[[Category:Liberal Traits]] | [[Category:Liberal Traits]] | ||
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Latest revision as of 20:39, December 28, 2020
A fraud is a false representation of a matter of fact which is intended to deceive another.
To prove fraud in court, a victim must prove each of the "five fingers of fraud":[1]
- a person made a material false statement
- he knew the statement was false
- he intended to deceive the victim
- the victim justifiably relied on the false statement
- the victim was damaged
A material false statement is not limited to an affirmative statement that is false. Instead, it can also include concealment of what should have been disclosed.[2]
Other uses
In Medieval thought including Dante's Divine Comedy, fraud was a broad term used to describe any sin that involved the use of human intellect, including: seduction, flattery, simony, sorcery, political corruption (or barratry), hypocrisy, theft, evil counsel, sundering, forgery and deceit. These sins were known as 'minor fraud'; 'major fraud' was another name for treachery, which was considered to be the worst sin of all.
References
- ↑ In re Mau, 293 B.R. 919, 923 (Bankr. C.D.Ill. 2003)
- ↑ Legal definition of fraud
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