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A person is guilty of falsifying business records in the second degree when, with intent to defraud, he: makes or causes a false entry in the business records of an enterprise; or; alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
Conceptually, fraudulent trading is similar to a fraudulent conveyance, [2] but the key distinction is that an application to have a transaction set aside as a fraudulent conveyance usually requires to the third party beneficiary to disgorge the benefit of the conveyance to undo the loss to the company's assets, whereas a court order in ...
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]
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 ...
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 ...
A real estate agent in Florida has been arrested and is facing multiple charges, according to Fox 35 Orlando, following what authorities described as an “elaborate scam” in which an elderly ...
Lijuan “Angela” Chen, 51, pleaded guilty to one count of conspiracy to defraud the U.S. and one count of using counterfeit postage, according to a statement from the U.S. Justice Department.
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.