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For example, the North Carolina false pretense statute applies to obtaining "any money, goods, property, services, choses in action, or any other thing of value ..." [ 2 ] Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the ...
Intent is an element of the offense; under New York law, the defendant's "intent" is his or her "conscious objective or purpose." [3] The law does not require prosecutors to show that the defendant intended to cause a pecuniary or commercial loss (i.e., depriving a victim of money or property). [4]
A transfer will be fraudulent if made with actual intent to hinder, delay, or defraud any creditor. Thus, if a transfer is made with the specific intent to avoid satisfying a specific liability, then actual intent is present. However, when a debtor prefers to pay one creditor instead of another, that is not a fraudulent transfer. [citation needed]
Making false statements (18 U.S.C. § 1001) is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, [1] even by merely ...
Mortgage fraud by borrowers from US Department of the Treasury [7]. Mortgage fraud may be perpetrated by one or more participants in a loan transaction, including the borrower; a loan officer who originates the mortgage; a real estate agent, appraiser, a title or escrow representative or attorney; or by multiple parties as in the example of the fraud ring described above.
Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.
Defrauding an innkeeper is a crime that involves not paying for food or lodging which was obtained under false pretenses with intent to defraud the owner or manager. [1] Wyoming legislature developed drafts indicating defrauding an innkeeper should be a felony, [2] and in neighboring state Colorado, the laws were modified to include landlords. [3]
The Act changes the definition of a financial institution for the purposes of Federal criminal law to include mortgage lending businesses, which are defined as "organizations which finance or refinance any debt secured by an interest in real estate, including private mortgage companies and any subsidiaries of such organizations, and whose ...