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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]
Under New York State law, falsifying business records in the second degree is a class A misdemeanor, while falsifying business records in the first degree is a class E felony. [1] The elements for the misdemeanor second-degree crime are: A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:
False pretences as a concept in the criminal law is no longer used in English law. It used to refer to the means whereby the defendant obtained any chattel, money or valuable security from any other person with intent to defraud, indictable as a misdemeanour under the Larceny Act 1861 [6] as amended by the Larceny Act 1916.
Law [ edit ] Where during the course of a winding-up , it appears to the liquidator that fraudulent trading has occurred, the liquidator may apply to the court for an order any persons who were knowingly parties to the carrying on of such business are to be made liable to make such contributions (if any) to the company's assets as the court ...
In law, uttering is synonymous with publication, and the distinction made between the common law offences was that forgery was the fabrication of a forged instrument (with the intent to defraud) and uttering was the publication of that instrument (with the intent to defraud). Statute law offences of forgery replace the common law offences ...
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 ...
The Indiana Code in book form. The Indiana Code is the code of laws for the U.S. state of Indiana. The contents are the codification of all the laws currently in effect within Indiana. With roots going back to the Northwest Ordinance of 1787, the laws of Indiana have been revised many times.
Under federal law, bank fraud in the United States is defined, and made illegal, primarily by the bank fraud statute in Title 18 of the U.S. Code. 18 U.S.C. § 1344 states: [15] Whoever knowingly executes, or attempts to execute, a scheme or artifice— (1) to defraud a financial institution; or