#in the US it’s illegal to alter money with fraudulent intent

[lawofficesindubai]

What you need to know about swindling in the UAE and it’s Punishments?

The literal meaning of swindling is to take money or property from someone fraudulently, especially on a large scale. The term is often used interchangeably with fraud, in the commercial sphere, and the UAE being a hub of commerce, the probability of commission of fraud and fraud-related activities is very high.

Is swindling a crime in the UAE?

Swindling is an offence under the UAE Penal Code (Federal Decree-Law No. 31 of 2021). Article 451 of the law mentions fraud, which amounts to swindling.

The act constitutes:

Gaining of movable property by unlawful means, or

Obtaining a benefit/document/signature on document illegally, or

Revoking or altering a document fraudulently

The method to achieve the abovementioned must be deceitful; it can be false pretense or false capacity too. A person acting fraudulently will induce the victim to surrender the possession – money, property, anything of value – to him. Using fake identities, fake documents, display of false qualities are some of the examples through which a person may commit fraud.

What do I need to prove in order to show that fraud has been committed?

There are five points that need to be proven in order to show that a person has been a victim of fraud under Article 451 of the Penal Code:

There was a fraudulent method involved in taking the possession from the victim

The possession was of material value

The intent to fraud was present on part of the offender

The act constituting fraud happened before the possession was handed over

The possession was handed over in furtherance of the fraudulent act

However, it must be noted that if the victim is aware that the offender is committing an act of fraud against him but still continues to surrender the possession, it will not amount to fraud.

Are real estate transactions vulnerable to fraud?

Real estate transactions are a primary area for offenders to commit fraud. Article 451 explicitly mentions that in case of real estate sale and purchase, if a person

sells a real estate property knowing that the said property does not belong to him and nor does he have the right to sell it, or

if he has already sold the property or entered into a contract related to it, thereby damaging a third party,

he will be guilty of fraud under Article 451 and will be liable to the same penalties. This also applies for movable properties.

What is the punishment for swindling in the UAE?

A person guilty of the offence under Article 451 will be subject to imprisonment for a period of almost 2 years, or will be liable to pay fine capped at AED 20,000. If the subject matter of the offence is money or bond belonging to the government or the entities mentioned in Article 5 of the Penal Code, these will be considered as aggravating circumstances. If a recidivist (a habitual offender) is convicted for imprisonment of a year or more, then he will be placed under police surveillance for a maximum of two years, and for a period not exceeding the sentence.

Can a person use a third party to commit fraud?

As per Article 452, a person may make use of a minor or a person in custody, such as an insane or imbecile, to obtain money or other valuable property, or obtain documents or signature on documents, or to alter, destroy or revoke such documents, and these acts will also amount to fraud. Fraud committed in this manner by a custodian, guardian or any person entrusted with the custody of such third person will be deemed as aggravating circumstances.

Blog Source: https://www.professionallawyer.me/blog/criminal-law/what-you-need-to-know-about-swindling-in-the-uae-and-its-punishments/

[dohmtee]

BCCRSS

BIRTH CERTIFICATE FRAUD; CLAUSULA REBUS SIC STANTIBUS by kate of kaea

 "ATTENTION: Lawyer, Judge, Government Agent/employee, Police, Common Man etc. et al/any/all who serve as a fictional LEGAL NAME/TITLE/I.D.-ENTITY (pronounced phonetically example: "leg-all enemy"((N-AM-E), "tit-El"/Luciferian)) character in the legal world reality;

 Author's note where the "author" is defined as anyone who uses these words as their's where truth cannot be "copyrighted", merely shared by agreement and these words are theirs, regardless of "who" wrote the words ab initio where truth belongs to all in CONCEPTUAL (heart and mind written, causal, not the physical "written" form, effectual.), where this writing/righting/riting is written (spelled out) in language understandable to both those in and out of the LEGAL NAME FRAUD profession/reality where the common understanding of this fraud and crime against humanity and creation is visible both in laymen's and legal terms, not to be confused by the intent of the reader where the "author's" (the intentions thereof/therein) intentions are crystal clear: i.e. legal word/world wranglers and twisters of "HEARINGS" where it is spelled out henceforth/herein with all potential(s) of phonics deception(s) hereby and therefore, removed, ad infinitum;

 For example, a phonics deception is, where one thing is SPOKEN by a non-B.A.R. member (general public/any/all legal name users without B.A.R. affiliation(s)/permission(s)), only to be re-spelled differently by any/all B.A.R. members under assumption and presumption to corrupt the ORIGINAL INTENT of the one speaking versus spelling it out, and why a FRAUDULENT, by deliberate design, LEGAL NAME non-B.A.R. member has no voice in the legal dead reality: in other words, one's words, spoken, cannot be altered from the speaker's ORIGINAL TRUE INTENT as to what they mean versus what the one HEARING the spoken form of the words hears, and then, corrupts them, and their SPOKEN words, by using alternative spellings under assumption/presumption of the SAME SOUND homonyms, with completely different "definition(s)" using this spelling trickery to undo them and gain the HONOUR advantage where no honour in them exists and the non-BAR member is rendered in a state of perpetual DISHONOUR unknowingly: i.e. twists them, the non-BAR member speaking/ their spoken words SPOKEN, backwards/around/opposes/negates/corrupts the SPEAKER'S original intent, to initiate and perpetrate/instigate FRAUD against them to enable "imaginary crimes" to profit from STATUTORY COMMERCIAL RAPE/KIDNAPPING etc. et al, thus why court "pro-seedings" are called HEARINGS where SPELLINGS is a more precise term for what is really going on: Thus, this is spelling it out clearly where assumption and presumtion is rendered null and void where any/all use/claiming to be a LEGAL NAME ENTITY has everyone in the original sin/sign, state of fraud from the creation of, and continued use of the LEGAL NAME that appears on every birth certificate until they remove themselves from the criminal legal reality where anyone involved in the enforcement of this fraud using violence, trickery, coercion etc. et al to ensnare with intent to enslave another, is, in fact, aiding and abetting a criminal act by forcing another into submission to its use where this truth has been exposed and where it is illegal to use any/all legal name(s)/titles ab initio;

 A typical court room drama example: Unwitting LEGAL NAME Deafened-ent(mind): "I do not consent" spoken with the intent of "no wish to consent" intended where the B.A.R. member a.k.a. judge, lawyer, cop etc. CAN AND WILL assume/presume in FULL/fool "honour" the words phonetically as to how THEY want to hear it and has respelled that VERBAL/FOR-BA'AL: "Aye, due knot con-se'-ent" where "aye" means yes, affirmative and tacit agreement instantly, "due", as in debt tacit agreement, "knot", as in tied and BO-uND, tacit agreement to slavery and "con-" (means both with/for AND against/without equally as a prefix, also means thief or criminal in common vernacular terms etc.), " se' " is Latin for "himself, herself, itself" which is the entire essence of the speaker involved, and "-ent" is a suffix meaning "mind" etymologically. In short, the ones perpetuating and profiting from this LEGAL NAME FRAUD deception can hear whatever they choose to hear/here and can/will, in full honour, RESPELL every word uttered at every HEARING because it wasn't spelled out by the speaker in writing, where it can be re-spelled by the B.A.R. member's criminal intentions to incriminate ALL innocent AND guilty individuals equally thus painting all humanity with the same criminal brush they've been painted with and simply "passing the buck to make a buck" of sin/sign to another, re-writing by re-spelling the speaker's words against them to create the B.A.R. member/servant by oath, advantage every time, in every legal reality situation. This deception/ruse/criminal enterprise is over where truth itself is all the "vengeance" one needs in a "white flag, state of truce, not surrender" stance and, where all criminals perpetuating this crime against humanity are now fully exposed for all to see: It's illegal to use a legal name is a legal FACT;

 CLAUSULA REBUS SIC STANTIBUS

as it pertains to BIRTH CERTIFICATE(S)/any/all contracts/treaties

(hereafter shown SPELLED as CRSS or in full, commonly referred to as "the escape clause")

 In LEGAL public/international law, clausula rebus sic stantibus (Latin for "things thus standing") is the LEGAL doctrine allowing for treaties/contracts to become inapplicable, nunc pro tunc where any/ALL FRAUD revealed, renders any/all contracts NULL AND VOID, ab initio, ad infinitum, nunc pro tunc, tunc pro nunc(now for then, then for now) eliminating all TIME PERIODS relating to the contracts existence in the first place because of a fundamental change of circumstances whereas, it's illegal to use a legal name/BIRTH CERTIFICATE NAME/TITLE where the INTENT to create a FRAUDULENT THIRD PARTY is evidenced in any/all BIRTH CERTIFICATES by the very existence of the BIRTH CERTIFICATE as self-evident. CRSS is essentially and fundamentally purposed as an "escape clause" that makes an exception to the general rule of PACTA SUNT SERVANDA (promises must be kept) THUS REMOVING ALL PRIOR/PREVIOUS assumption(s) and/or presumption(s) any/all parties, legal and/or otherwise to the contrary where this fraud is revealed;

 Because the doctrine poses a risk to the security (securities a.k.a. money) of treaties/contracts where those profiting from this "by design" FRAUD by exposing this INTENT TO COMMIT FRAUD and those perpetuating it as its scope, is relatively/completely unconfined/without borders, it requires strict LEGAL regulations as to the conditions in which it may be invoked where only those claiming to be LEGAL I.D.-ENTITIES within the legal reality confines are concerned, and where one is no longer deemed a LEGAL I.D.-ENTITY thereafter since this is the last LEGAL ACT, in the common sense of the definitions, of one who was formerly deceived by the LEGAL NAME/BIRTH CERTIFICATE FRAUD where it is now KNOWN to be FRAUD and where/wear/ware/we're/were the one invoking this clause no longer wishes to commit legal name fraud/any crimes against another whatsoever, while removing all traces of the former I.D.-entity from their's and everyone else's reality, regardless of the AIDING AND ABETTING attempts of/by/for/in FRAUD by various CROWN CORPORATION AGENTS to illicit/force/demand/coerce etc. et al anyone/all who have stated AND shown otherwise;

 The doctrine is part of customary international law, but is also provided for in the 1969 Vienna Convention on the Law of Treaties under Article 62 (Fundamental Change of Circumstance), although the doctrine is never mentioned by name. Article 62 provides the only two justifications of the invocation of rebus sic stantibus: first, that the circumstances existing at the time of the conclusion of the treaty were indeed objectively essential to the obligations of treaty (sub-paragraph A) and the instance wherein the change of circumstances has had a radical effect on the obligations of the treaty (sub-paragraph B). In short, the INTENT to commit, aid and abet FRAUD falls squarely on those perpetuating this LEGAL NAME/BIRTH CERTIFICATE FRAUD, typically anywhere anyone is being forced to ENLIST/IMPRESSED INTO SERVICE UNWILLINGLY/UNKNOWINGLY their child through REGISTRATIONS of any/all forms ab initio until dissolved or remains intact willingly by any/all who continue to be guilty in their own fraud by willfully using any/all LEGAL NAME/TITLE(S) AFTER THE FACT where fraud absolute is self-evident where this BIRTH CERTIFICATE FRAUD is in plain view;

 If the parties to a treaty/contract had/have previously/currently contemplated/known all facts regarding the treaty/contract (based on a full and open disclosure from all parties involved in the BIRTH CERTIFICATE (BC) contract/s) for the occurrence of the changed circumstance, the doctrine does NOT apply and the provision remains in effect even though the full disclosure of the FRAUDULENT INTENT of the BIRTH CERTIFICATE is a LEGAL FACT and is fully exposed/a known legal fact within the confines of the fictional LEGAL REALITY, whereas those continuing to use said treaty/contract/BIRTH CERTIFICATE LEGAL NAME I.D.-ENTITY render this "escape clause" null and void by/of their own hand and doing for willfully/knowingly continuing in its use AFTER THE FACT (i.e. contempt of court, profiting from the avails of crime etc. et al). Clausula rebus sic stantibus only relates to changed circumstances that were never contemplated by one or more of the parties, since one or more of the parties involved to initiate/force/enforce fraud after the fact such contracts/treaties is knowingly/unknowingly (ignorance is no defence) by/of/for/in omission/commission committing FRAUD WITH INTENT, regardless of claims made otherwise by any/all who are legally dead, fictional I.D.-entities/B.A.R. members/CROWN AGENT(S) etc. et al using this fraud to steal the life source of another in any way shape or form;

 Although it is clear that a fundamental change of circumstance(s) justifies terminating or modifying a treaty/contract (i.e. the Birth Certificate contract is deliberately set up to deceive the G.I.F.T.-ing party, male/female creators of physical child/children/intellectual, spiritual name(s) with INTENT to TRANSFER the living child/children (GAMETE-INTRA-FALLOPIAN) into a DEAD LEGAL NAME(S) WARD OF ADMIRALTY/STATE placing all contracting parties in a state of fraud absolute, collectively), a unilateral denunciation of a treaty is prohibited to any/all LEGAL NAME FRAUD participants (i.e. legal participants without B.A.R./Crown Corporation member permissions, where the CROWN CORPORATION AGENTS/SERVANTS INTENT to commit FRAUD is self-evidenced by the very existence of REGISTRATION/HOSPITAL etc. et al offices trading in birth certificate(s) slavery) and MUST be done only on an individual choice basis to make this fraud known to any/all CROWN AGENTS or remain a knowingly fraudulent, by the nature of the LEGAL NAME constructed reality, willing participant. Any/all LEGAL NAME FRAUD party(s) do not have the right to denounce a treaty unilaterally (i.e. on behalf of everyone involved) where a NON-LEGAL individual can, to expose, and, which exposes this fraud for all of humanity to see, where humanity must make it's own choice individually where the BIRTH CERTIFICATE is UNILATERALLY deemed FRAUD upon ALL humanity notwithstanding;

 As a fundamental flaw/mistake of all legal proceedings, it is a legal fact in the legal reality/fictional existence that it is illegal for anyone/everyone, outside of a B.A.R. card (in which one must already be in fraud to enter LAW SCHOOL using a FRAUDULENT LEGAL NAME as one example of fraud on fraud regardless) or SWORN OATH using a fraudulent, with permissions granted ONLY TO TITLE(S), attached to LEGAL NAME(S) likewise, to serve the "owners/operators" of the fictional CROWN CORPORATION by wilfull AND knowing/unknowing, omission/commission of FRAUD absolute.) consent to be, act as, lay claim to, act in the role of, etc. et al a legal name/legal entity/legal character as it appears in any/all Books of the REGISTRAR/REGISTRATION/REGISTRY(regis-tree = dead CROWN family I.D.-entity tree) whereby any/all legal name/s/titles/designations/ranks/corporations etc. et al are, in fact, PROPERTY OF THE CROWN CORPORATION and use thereof without clear and explicitly present PERMISSION(S) by the "legal owner or representative" thereof, by and for said/such "owner" of all such/said legal creations, is illegal in every way rendering such user in a state of instant dishonour in the "ayes of the court", a fraudulent felon/criminal, regardless of the nature of any/all accusations made by any/all CROWN CORPORATION REPRESENTIVES, B.A.R. card/Sworn oath or not since they are in the "commision" of a fraudulent act (i.e. CAFR accounts, Bonds, etc.). Here, in this doctrine, it is SPELLED out for the reader/receiver clearly and their lack of understanding this doctrine renders them INCOMPETENT thus everything they "TAKE" is a "MIS-TAKE" ab initio where FRAUD was/is the INTENT of LEGAL NAME(S) FRAUD ad infinitum and obviously a criminal mind/heart is incapable of rational thought where a "reasonable" being (insane) simply looks for every reason under the sun to escape their own responsibility, via LEGALITY IS NOT REALITY "legal means" in their complicitness in these crimes against creation and truth until they decide otherwise; simply put, criminals, destroyers of humanity, destroyers of life itself;

 In short, it is illegal to use a legal name/ANY/ALL legal references aforementioned, regardless of claims made to the contrary by any/all "legal agents" to the contrary where "legal agents" is defined herein as anyone who uses any/all legal "definitions" of who and what they think they are; a dead fictional character, no voice. Following this outline are only some examples of the total illegality of legal name fraud where LEGAL NAME (any/all fictional legal entity formations/references/non-living paper constructs/exists nowhere in any living, conscious form outside of the confines of a dead, legal reality where one must speak or spell it/I.D. into existence for it/I.D. to exist at all) is a fictional character/reality that only exists in the minds of those that create said "fictional charater(s)" be they in a human/sentient/consciously aware form, or any other inanimate/lifeless form, assumed/presumed as living mental/quantum and can only exist between two parties in order for them to exist at all, and, whereas an/the ORIGINAL fundamental nature/construct of the TREATY/CONTRACT/AGREEMENT(S) has been altered/changed/fraudulent and misleading INTENT by one or more contracting parties and, where INTENT TO COMMIT FRAUD/TO DECEIVE ANOTHER ACTING AS frauds, liars, thieves etc. et al criminal/evil intentions, hiding behind LEGAL NAME(S)/TITLE(S) are/is exposed  by the very use of any/all of these "legality is not reality" fictional constructs that renders any/all users of such things, a FELON/CRIMINAL by deliberately deceptive design and, where I, the living in creation am NOT, nor will I be assumed and/or presumed henceforth and forever a DEAD LEGAL NAME/TITLE I.D.-ENTITY ad infinitum, ab initio, nunc pro tunc, tunc pro nunc;

 1. LEGAL NAME/TITLE/CONSTRUCT Party claiming any/all legal name is 3rd/third party interloping in/on the BIRTH CERTIFICATE CONTRACT between CROWN AGENT and MALE/FEMALE WARDS OF ADMIRALTY where the "legally enslaved child" (i.e. the current LEGAL NAME(S) I.D.-ENTITY user/3rd/third party interloper unknowingly) was not present at the

SIGNING/SINNING of said BIRTH CERTIFICATE contract, nor were any details of this INTENT TO COMMIT FRAUD disclosure given to contracting parties/all participants, where a child and/or children is/are involved. In short, the one using the legal name wasn't there at the signing of the contract (guilty of the original sin/sign of/by the "father"), null and void, nunc pro tunc, contracting with a minor ensues; Clausula Rebus Sic Stantibus is invoked/spoken/written

 2. LEGAL NAME/TITLE/CONSTRUCT participant is immediately guilty within the constructs of the legal unreality of Crown Copyright infringement (where the CROWN does not "prosecute" meaning "does not pursue" DELIBERATELY for the only purpose of the continuation of humanity's overall fraud which is far more profitable) in accordance with the warnings placed on various BIRTH CERTIFICATES (if it's on one contract/construct, it's on all contracts/constructs, based in the same non-reality of LEGALITY IS NOT REALITY delusion, different in form, identical in conceptual INTENT, clausula rebus sic stantibus) and in subsequent CERTIFICATES/ALIASES created by any/all parties that use said BIRTH CERTIFICATE (proof of intent to commit fraud by its very existence) to create any/all forms of IDENTIFICATION from it and/or any/all related forms rendering said user in immediate fraud for doing so, where any/all creation of any/all forms of LEGAL IDENTIFICATION in any/all legal definitions where this LEGAL NAME(S) FRAUD is deemed MANDATORY by/for/of/in the LEGAL FICTIONAL REALITY CONSTRUCT AGENTS/PRACTITIONERS THEREOF, where FORCE, COERCION, DECEPTIONS, THREATS, THEFTS, BLACKMAIL, etc. et al is used to knowingly/unknowingly by/of/for/in omission/commision to enslave any/all humanity partaking in this/the/any/all LEGAL realm(s) of fictional delusions where the LEGAL SYSTEM DEMANDS humanity commit fraud in order to survive if one is presently/was formerly using ANY/ALL such said LEGAL IDENTIFICATION where the fundamental nature of the BIRTH CERTIFICATE is to create fraudulent parties on BOTH sides of the CONTRACT. In short, a "license to kill, steal, cheat etc. et al" any/all individuals as its PRIMARY INTENT; Clausula Rebus Sic Stantibus is invoked/spoken/written

 3. It is illegal to AID AND ABET anyone knowingly/unknowingly that is fully unaware of the LEGAL NAME(S) FRAUD deception into a criminal activity against their wishes by forcefully, in any/all ways (includes trickery, violent actions/threats thereof to COMPLY with fraud, means of wording deceptions etc. et al) being assumed/presumed A DEAD LEGAL NAME I.D.-ENTITY where "following orders" by any/all CROWN AGENTS is assumed/presumed authority based on deceptive/violent means and measures to gain such fictional "jurisdiction/control" over another and by any/all means of deception where the INTENT to deceive another is self evident by the very nature of "LEGAL NAME(S) FRAUD" original INTENT by design by one who is titled/uniformed in any/all LEGAL senses/legal unreality definitions, where their role to act in the "character" of any/all CROWN AGENT/S for the purpose of legal deception(s) a.k.a. "COMMISSIONS" as the basis of their jobs/roles, namely a uniformed officer/robed judge etc. et al WEARS ("the emperor's clothes removed") their intent to do so (i.e. the very clothes/uniforms/robes/chains of office etc. et al), where to don any/all robes/legal garments of the legal reality deems CROWN AGENT(S) easily visible and absolutely transparent FOR/BY/OF/IN the INTENT to commit fraud/aid and abet fraud, in the very ACT to don them; Clausula Rebus Sic Stantibus is invoked/spoken/written

 4. Profiting from criminal activity (employment, shares, profits, investments, sales, any/all means of procuring legal FIAT currencies etc.) inasmuch as any/all COMMERCE is based totally and utterly (udders of life, humanity's "milk and honey") on the LEGAL NAME/TITLE FRAUD construct from the creation of FIAT currencies based on the valuations of the slave trading BONDS (UCC/UPU a.k.a. CORPORATION OF THE CITY OF LONDON, STATE/CORPORATION OF VATICAN CITY, STATE) that the BIRTH CERTIFICATE is, and intended to be for just such a purpose to involve EVERY form of "money made" be it through peaceful and/or criminal activities from being paid to deliver newspapers to being paid to legally murder another human being under the legal umbrella of war/military, where murder in any form is murder and any/all associations to/by/for/of/in any/all LEGAL NAME(S)/TITLE(S) forms renders one GUILTY BY ASSOCIATION absolute inasmuch as one is still mentally, physically, spiritually bound in the legal reality/unreality ("deal with the devil/Satan") by agreement to be so involved in this criminal activity. I don't associate with murderers/I.D.-doll worshiping at any/all levels nor will I be assumed/presumed otherwise via LEGAL NAME FRAUD associations/assumptions/presumptions and the LEGAL sorcery practitioners therein; Clausula Rebus Sic Stantibus is invoked/spoken/written

 5. Any/all individuals that use, claim to be, actively participate in/of/by/for the LEGAL NAME(S)/TITLE(S) in any/all ways whatsoever WITHOUT explicit permission by their "illusional legal masters" a.k.a. B.A.R. card/CROWN AGENT sworn oath members, are praticing legal "law" (which is legal,not lawful) without a license but are deemed to be "practicing law" (using LEGAL/COMMERCE anything in day to day living reality where the LEGAL NAME is a LEGAL definition within the confines of the legal unreality/reality) where lawyers are used to fill this gap in the illusion of "legal representation" that renders any/all who do so SILENCED, without voice and are IN-VOICED accordingly as a WARD OF ADMIRALTY or, essentially a child of the dead corporate (body consumed, phonetically) STATE until such guilt by legal name association is removed by the one being deemed to practice law/sorcery (literally) by NOT using a lawyer to keep the court "in honour" where now, CONTEMPT OF COURT is enacted upon any/all who enter a court of man-made "law" which places the CROWN AGENTS/COURT OFFICIALS in peril of dishonour where only the CONFESSION of the one entering/thinking they actually need to be there at all to BE a legal name or TRICKED into claiming anything that resembles, IN PART AND/OR IN FULL, anything that can bind them to the BIRTH CERTIFICATE CONTRACT SPELLING(S) as they appear on said birth certificate that will ultimately render the "user" as a felon fraud first, thus "restoring the illusion of honour" in their court where the ruse is perpetuated anon; Clausula Rebus Sic Stantibus is invoked/spoken/written

 These are just a few of the examples that anyone with any sense of "legal wrongdoing" can see to illustrate clearly the absolute fraud nature of the entire legal system and the basis of the fraud against humanity it is based upon where the LEGAL NAME/TITLE claims are the cornerstone that holds the entire pyramid construct with the criminals (legal sorcerers) atop the pyramid of delusional and illusional power and where any/all cops/judges/lawyers/common people should have a basic understanding of what fraud is where fraud is clearly defined in the ten commandments motif. Fraud (entire legal reality) includes, not limited to, murder, stealing, raping, adultering, greed, lust, covetousness, false idol creation and worship, and all manner of evil intentions where only the veil of a papered reality protects the evil with KNOWING intentions and now you know, ignorance removed herein where it is encumbent with EVERY individual to prove otherwise, SILENCE EQUATES ACQUIESCENCE maxim invoked; Clausula Rebus Sic Stantibus is invoked/spoken/written

 Inasmuch as the Vatican/CORPORATION OF VATICAN CITY, STATE, as commonly understood, is also complicit in this LEGAL NAME/TITLE reality by virtue of LEGAL REGISTRATION, all spiritual notions of "power" are hereby nullified ab initio, ad infinitum where VATICAN CITY is REGISTERED as are all NATIONS/COUNTRIES etc. et al as REGISTERED CROWN OWNED CORPORATIONS and are neutered by association accordingly where any/all assumed presumed "power" is fully and completely destroyed by/of/in/for this LEGAL NAME/TITLE COMPLICIT AGREEMENT/TREATY FRAUD and is therefore complicit in this fraud against all of humanity and life itself as are all claiming any/all legal status in any/all legal forms ab initio, ad infinitum, nunc pro tunc, tunc pro nunc. There are countless essays and radio programs by the non-legal entity "kate of gaia/kaia" for further clarification including on air confessions made by police and lawyers attesting to the truth of this and their inability to claim otherwise, trapped in the legal circular trap of their own construction. Any/all actions made by anyone professing to be in/of/for/by any/all LEGAL NAME/TITLE is fraud, attempt to aid and abet fraud where it is illegal to use/be/claim/think one is a LEGALLY defined anything. Your serve? No, the game is over and Satan and his Harlot (Legal Cronus, Commerce Crone/CROWN) lost all games where all "law" was, and is, church based where court is simply a sin-o-name for church and the living true law was replaced with false dead legal and all robed practitioners, whether court or church serve the same dead LEGAL reality and are rendered soul dead accordingly in the "ayes" of creation. Your soul is on

the line/lien while your sins/signs are on the lien/line and only YOU can clear YOUR debt, no savior's coming to save you but rather to condemn you for all your wilfull crimes, now KNOWINGLY being committed by the mere virtue of you having received this, having read it or not."

[spanish-mami]

Solitary Participant LLC - Billing Order - Lender Claims, Pass-Through

Recently I've run across some significant issues with the single-member LLC's with courts passing on significant judgment decisions in favor of creditors using the theory of "fraudulent transfers" and also "civil conspiracy theory." I ran across 2 such individuals that have made me much more mindful concerning client advice relating to single-member LLCs. you can also check best LLC services

SOLITARY PARTICIPANT LLC - LIMITED LIABILITY BUSINESS PASS-THROUGH LEGAL ENTITY

The LLC is a TAX OBLIGATION HYBRID "pass-through" legal entity comparable to collaboration but with the limited liability of a corporation. The LLC is tax-driven and was classified legally by the Internal Revenue Service on January 1, 1997, when the IRS threw out its old, and also unnecessarily complicated, business entity tax obligation classification policies and agreed that LLCs ought to be exhausted as collaborations (or single proprietorships if they have one owner) without leaping through several technical hoops. Also, the Internal Revenue Service currently lets an LLC choose to pay tax obligations as a single proprietorship, as a partnership, or as a corporation by filing Internal Revenue Service Kind 8832.

For "Revenue Tax functions" income and expenditures of the LLC "pass-through" directly to your tax return proportionate to your portion of ownership, or if there is greater than one participant, whatever portion you decide, as an example, 50/50 or 75/25. Irrespective of your equity possession portion, this is a substantial benefit over other types of service entities, as well as the LLC likewise has another considerable advantage; members make a decision just how they want to be exhausted or, to put it simply, as a sole proprietor, partnership, or firm. The LLC will certainly get it's own Federal Identification Number (similar to a social security number), run as a company, and keep it's very own checking account.

SOLITARY PARTICIPANT LLC MAY NOT BE SAFEGUARDED FROM LENDERS

Ninety percent of monetary consultants offer incorrect guidance about single-member LLC developments. Single-member LLC are wrongly presumed to protect the member from the financial institution. The majority of financial LLC consultants state that a Limited Liability Business (LLC) safeguards the owner (i.e. single-member LLC) against the present, past, and also future lenders since the financial institution might not enter the footwear of the LLC as well as has to consider the LLC member for collection.

The consultants indicate an IRS Revenue Judgment (77-137), where the financial institution holding the "Charging Order" will receive the "K-1." They, even more, explain, the lender has to pay the taxes on the revenue created by the LLC, even though the financial institution never receives any kind of actual money from the business. The financial institution saddled by the billing order is dealt with as a "replaced limited partner for tax obligation purposes" and also will suffer the tax effects without the capacity to compel settlement, dissolution, or distribution of the LLC

BILLING ORDER SPECIFIES CREDITOR AS SUBSTITUTED LIMITED COMPANION FOR TAX OBLIGATION FUNCTIONS TO PROTECT SINGLE MEMBER LLC.

The area of the laws surrounding the problems of the charging order to safeguard single-member LLC is vibrant and also progressing. There's no legal reasoning for a charging order defense for a single member, although a lot of state statutes ask for such defense. The charging order protection can not develop a "personal lawful liability" out of a legal business entity for "the acts" of the LLC.

There is numerous lawsuits issues one-of-a-kind to the LLC that are beginning to emerge in test discussion forums. State LLC regulations, when composed, were primarily tax-driven, and accordingly, they defined vital terms and ideas in accounting and also tax terms, and also not with the idea of agreement tort legislation problems. When the LLC is in economic distress, lawsuits will typically concentrate on:

Dissolution issues,

Capitalization problems,

Failing to comply with state legal and regulative needs, and

Infraction of one or more provisions of the entity's files.

DECEPTIVE TRANSPORTATION, CIVIL CONSPIRACY WITH SOLITARY PARTICIPANT LLC

The central concern to single-member LLCs (one owner) is "ILLEGAL TRANSPORTATION" which, otherwise taken care of appropriately may enter into a "civil conspiracy" to fraudulently act against lender claims. In many cases, the monetary coordinator, legal representative, or accounting professional enters into the conspiracy theory, and sometimes, such advisors have been reprimanded.

Single shareholder company, a solitary investor of Below "S", as well as single-member LLCs can provide the proprietor with defense against obligations arising from "the conduct of the LLC" but not the proprietor of the LLC membership shares. To put it simply, "if" the LLC does something wrong, the proprietor is not always accountable. To reach the proprietor's properties, a plaintiff would need to "pierce the shroud" of the entity showing that:

The LLC, the firm, or the Below "S" was undercapitalized for it's intended service objective,

Formalities were not adhered to,

The owner utilized the LLC, Firm or Below "S" mostly for individual objectives,

It did not serve a "bona fide" industrial purpose,

It lacked in the financial compound and was merely an alter ego of the proprietor whose single intention is to irritate the creditor(s), etc

. A single-member LLC (one owner), Firm, or Sub "S" will not safeguard the owner, since the billing order security that is much-touted, is based on shielding the "innocent" non-debtor.

[emacaccy132]

Sunbeam Corporation Scandal

How does Ethical scandals happen?

One of the earliest scandals that happened was at Sunbeam in the early 2000s. The SEC alleged in its charges against Sunbeam that top management engaged in a scheme to fraudulently misrepresent Sunbeam’s operating results in connection with a proposed “turnaround” of the company. Sunbeam hired a guy named Al Dunlap, a turnaround specialist who had gained the nickname “Chainsaw Al” for this reputation of cutting companies to the bone.  He promised a rapid turnaround and the fraudulent actions helped raise the market price to a high of $52 in 1997. At year-end 1997, at least 62 million of Sunbeam’s reported income of $189 million came from accounting fraud.

First of all, how can a company hire someone with the nickname Chainsaw? A man with a reputation of “cutting employees to the bone” seems like a risky hire to begin with. The accounting world are always going to have people and/or companies that will behave unethically to get a quick buck.

How did Sunbeam inflate earnings so quickly? Earnings Management.

Earnings Management (multiple definitions): 

Purposeful intervention in the external reporting process, with the intent of obtaining some private gain

when managers use judgement in financial reporting and in structuring transactions to alter financial reports to either mislead some stakeholders abut the underlying economic performance of the company, or to influence contractual outcomes that depend on reported accounting numbers

reasonable and legal management decision making and reporting intended to achieve stable and predictable financial results

These definitions provide a link between earnings management and Rest’s Model of how ethical decisions take place. Rest identifies ethical intent as an essential ingredient in making moral decisions. it is the first step that can lead to executing ethical decisions. Absent ethical intent, a decision maker may be motivated to skew earnings in their favor or that of the company. [1]

Examples of Earnings Management techniques used by Sunbeam:

Cookie-Jar Reserves: these were created to inflate income. These fraudulent revenue transactions were designed to create the impression that Sunbeam was expecting significant revenue growth, which mislead investors and financial markets.

Channel Stuffing: Sunbeam’s 1997 revenue growth was partly achieved at the expense of future results. The company had offered discounts and other inducements to customers to sell merchandise immediately that otherwise would have been sold in later periods, which is called channel stuffing. 

Bill-and-hold: Sunbeam tried to convince retailers to buy grills nearly six months before they were needed, in exchange for major discounts. Retailers agreed to purchase merchandise that they would not receive physically until six months after billing. In the meantime, the goods were shipped to a third-party warehouse and held there until the customers requested them.

After discussing how Sunbeam managed to use these earnings management to achieve false results for their “turnaround”, it is clear that companies would take matters into their own hands to gain whatever they desire. Using financial strategies in a negative way can cause a company to end up bankrupting and ceasing to exist. That is what Dunlap did. Sunbeam lost a lot of money and most of their employees lost their jobs. The overall effect of these scandals cost a company billions of dollars and individuals their careers. That is not okay to the individuals involved. Granted, they knew exactly what they were getting themselves into. Nonetheless, this unethical behavior warranted this type of consequence. 

This sheds light on how companies operate in the accounting world. I cannot fathom the risk of using illegal activities to gain revenue because once someone catches on and realizes something fishy is going on, the heat will come and the truth will come to light. The consequences are too dire and significant to engage in unethical behavior. I know that most individuals are looking at the companies overall future, but doing it illegally is not the answer and would only harm the company and the employees in the long run. 

[1] Mintz, Steven & Morris, R.E. Ethical Obligations for Decision Making in Accounting: Text and Cases. Mcgraw-Hill Education, 2017.

[2] To learn more about this sunbeam case: https://danielsethics.mgt.unm.edu/pdf/sunbeam-case-study.pdf

[a-letao-blog]

Internet threats you might not know about & tips on how you can prevent them

On April 30, 1993 the internet was announced to the wider public. From this date onwards everyone could participate in developing the future of the world wide web technology. Fast forward to nearly three decades later we find ourselves relying on the internet in everything we do in our day-to-day existence. The rapid growth and widespread use of the internet around the globe has forever altered the way we live our lives. It has brought so much convenience in our lives that some would argue that they no longer need to leave their homes anymore because everything they need can be accessed online from ordering groceries, connecting with friends and family to attending work meetings but are there any hidden threats associated with moving all aspects of our lives online?

According to www.gov.uk in the last 12 months almost half of businesses (46%) and a quarter of charities (26%) have reported cyber security breaches or attacks. The numbers are higher among medium businesses (68%), large businesses (75%) and high-income charities (57%). In March 2020 high-street pharmacy Boots reported that they need to suspend their loyalty card system to avoid attackers from breaking into their customer accounts after detecting unusual activity on a number of loyalty card accounts, but the company insisted that their own systems had not been compromised and that hackers had tried to use details they had obtained from other sites. How can these hidden threats affect us? To illustrate these issues lets look at a few network security threat examples that we must not ignore.

On an individual level our personal information and passwords can be stolen and used to gain access to valuable assets such as money from our bank accounts. On a group level for instance college students and staff could lose access to their virtual learning environment when their network is compromised by a hacker and potentially lose all of their valuable data. Now that also businesses are online their customers could lose access to their services, their customer database could be stolen, their customer personal information including passwords could get leaked online and end up in the wrong hands. In this scenario businesses could lose their customers because they would lose their trust in the company. Lastly even nations can be susceptible to network threats. In 2010 Iran’s nuclear weapon manufacturing plant was infected by a malicious computer worm (more on computer worms later) which targeted supervisory control of machinery and data acquisition. Over 200,000 computers were infected and caused physical damage to a thousand machines. An attack like this can weaken countries military security or can have disastrous consequences including losing innocent people’s lives. What are security threats and what are their types?

To answer this question lets look at and try to define the many different types of security threats that exist out there. Viruses: A malicious piece of software or malware that once it is inside of your computer it replicates and infects other computers in your network. They can steal passwords or data, log keystrokes, corrupt or erase files, spam all your email contacts or even take full control of your machine. Viruses achieve this by modifying other computer programs and inserting their own code in them and can be activated when the user starts the infected program. Once the malware is executed it can cause permanent and irreversible damage. Worm: A worm is a type of malware that spreads copies of itself from a computer to computer in a network. It does not need to attach itself to other software to cause damaged and it can replicate by itself. Worms can modify and delete files or place additional malicious software onto the computer as well as steal data and give access to hackers to get inside a computer. Because a worm can replicate by itself, they are sometimes used to deplete bandwidth on a network or hard drive space causing havoc and slowing down systems. Trojan: Trojans disguise themselves as a fake version of a legitimate software which is loaded with malware. Attackers normally use trojans to gain control over our computer which can lead to stolen data and more malware attacks. Rootkit: A rootkit is a type of malware which is designed to operate whilst being hidden on our computers. Rootkits are dangerous because they can hijack and affect security software therefore making themselves hard to detect on the system. Sometimes the only way to get rid of a rootkit is to erase and reinstall your operating system to get rid of attackers nesting in your system. Botnet (bots): A botnet is a wide network of infected devices that carry out attacks on behalf of the attacker. The victims are not only the infected end devices but the ones that are attacked by the network of infected devices. Botnets are built to serve larger attacks because of the leverage these devices can create together. Keyloggers: Attackers use keyloggers to monitor and record what we type on our keyboards leaving us at risk of our passwords and other sensitive information being stolen. Man-In-The-Middle: Man In The Middle attack is when an attacker intercepts your connection and monitors your actions to steal your data. Denial Of Service (DoS): A cyber-attack which main purpose is to overload server’s bandwidth or make these servers crash causing disruption for legitimate users who want to access their services but can no longer do that. War Driving: Attackers use software and hardware tools to locate unsecured networks to exploit them by surveying areas from their vehicles or whilst walking and gathering data on these networks. Shoulder Surfing: It is when an attacker obtains sensitive information of the victim by looking over their shoulder to see what passwords or pin numbers they use. Phishing: Phishing is a type of scam that takes advantage of its victims by presenting fraudulent resources like fake emails or phone texts to appear legitimate and cheat out information from people. Backdoor: It is a method of attack where the attacker bypasses security measures and enters the system with no authentication needed to gain high level user access. What can we do to protect ourselves? Use strong passwords which contain a mix of lower-case, upper-case letters, numbers, and special characters. Update all default passwords on network devices to new ones. Change the password regularly. Restrict how many times a user can enter the password before they have to contact admins to avoid hackers from guessing a password. Make sure all the software is up to date to avoid falling for previous exploits which no longer work on up to date systems. Use reputable software on your computer network as well as networking devices and make sure that users cannot install anything without approval so that it is easier to keep track of what

is being used on the network. Conduct proper maintenance regularly, install safety measures such as firewall, VPN software, use network segmentation and encryption and ensure different levels of access control to monitor and protect the network. Bonus security tip: If you can, try implementing a wired network over a wireless one because wired networks are generally more secure because they can be accessed only through a physical connection (with cables) if set up properly whereas wireless networks are prone to be intercepted from the outside because these networks can be seen by anyone. Technically we can hide the name of our wireless network but that will not stop determined attackers and can prove daunting for technically less savvy users to operate with hence it is better to implement a wired network where possible to increase the level of security. Reminder of the Computer Misuse Act The Computer Misuse Act established in 1990 protects our personal data from unauthorised access and modification making it illegal for anyone to access our computers without our permission. It is also illegal to hack into our computers with an intent to commit further crime such as stealing our data, causing damage to our devices or networks as well as deleting data or to carry out any other form of electronic vandalism. Keep in mind that this act applies to everyone and failure in complying with the Computer Misuse Act can lead to fines and potentially imprisonment.

[sumikaooba]

Dr. JKG Healthcare used to be arrested in a fraud action because of donation bad reviews according to Corona. Sabrina Arif Chowdhury. The Dhaka Metropolitan Detective Police (DB), the investigating company on the case, got necessary data by using interrogating him on pair rounds concerning remand. Although Sabrina has been called the president about JKG Healthcare out of the beginning, the investigating corporation says so much the facts touching her involvement into the fraud were located namely the convener regarding the organization. In the confessional announcement regarding the vile accused among the case, the name at the back of the fraud has been uttered. Speaking about Sabrina.DB officials say Dr. Chargesheet's intention remains issued against the accused together with Sabrina. Prosecutors utterance each and every anxiety desire remain committed in imitation of ensuring up to expectation Sabrina yet her accomplices are punished between the case.It is learned so a man or woman named Kamal Hossain filed the lawsuit together with Tejgaon Police Station over June 23 alleging so he had fond bogus record barring trying out the coronavirus sample. The suit used to be filed under Section 160/269/420/408/47/471/34 of the Penal Code. The maximum pain within multiple sections is seven years imprisonment.That's by what means legal professionals say if the allegations are proven. Sabrina should face above in accordance with seven years between prison. In this case, the legal professionals concerning the regimen are speakme touching attempting their best.Additional Public Prosecutor (APP) on the Dhaka Metropolitan Magistrate's Court Hemayet Uddin Khan informed Hiron Jago News that Dr. Sabrina has been arrested so a fraud. He has put dense people of gamble through cheating. Played together with ethnic existence yet death. The most judgment for the litigation against him is seven years in prison. We pleasure hold a look at him in conformity with ensuring maximum punishment.Additional Commissioner concerning Dhaka Metropolitan Detective Police Abdul Baten said, the care concerning the litigation is no longer the president of JKG, however the convener. Dhaka Metropolitan Detective Police has received the involvement of Sabrina Chowdhury. Hopefully, we are able to give a charge sheet among its case soon. We hold no longer received any report regarding his function as the president regarding the organization. However, the demand bill was once determined to lie worried namely a convener.The plaintiff of the action Kamal Hossain said, "We went in imitation of JKG Healthcare and acquired cheated by checking the corona." So I submitted a lawsuit. I want the defective in imitation of stay punished. Dr. Sabrina then ignoble accused into the case bear played tricks concerning people's lives. They stay judged.Dr. That judgment into the litigation towards SabrinaSpeaking after lawyers, said. The case in opposition to Sabrina below Section 160/269/420/406/48/471/34 about the Penal Code carries a maximum judgment over seven years imprisonment. There are additionally more than a few vile punishments.Pursuant according to Section 160 of the Case, 'Fake Government Employee condition a Government varlet buys then buys certain creed within his personal honor or of the honor on an individual over and above yet jointly then including others between spite on his prison coercion no longer in conformity with purchase yet good buy because of somebody distinct property. Bargains for, however that shall keep punished along with lockup because a time period not much pair years and along with excellent or with both; And if the religion is purchased, it will remain confiscated. 'According to conformity with Article 279, 'A man or woman who knowingly and unknowingly commits a practice who may also spread a life-threatening disease may if he commits an act unlawfully yet negligently who may length a life-threatening disease, despite understanding and having reason in imitation of belief. However, the personal desire to stay punished including prison because of a term not more than 6 months yet with nice or including first-class yet including both.According to in imitation of piece 420, 'If a character fraudulently engages among fraud yet surrender regarding religion yet fraudulently engages any other character among the manufacture, alteration yet consumption concerning any part of the property, Or forcibly alters and destroys a quantity concerning the components who might also keep converted among valuable collateral, but the person shall stand punished with imprisonment because a term not exceeding seven years then with stiff action yet within collection including a fine. 'According to piece 407, "If a man or woman commits a guilty offense, she shall stand punished together with confinement because of a time period no longer more ternary years or along with confinement then including great and together with both."According to in accordance with portion 47, 'If a man or woman forges court archives and authentic registers, etc., a report which is referred to in imitation of stay a court docket report or intending then a record then intending promoted of a court over the law, and an exercise book concerning births, nonsecular ceremonies, marriages then burials on Christians or someone respectable A book maintained by an employe so a regimen worker yet a certificate or report held by a regimen man so his professional rank or a limit over legal professional in accordance with show up into a suit and to guide a birthday party or smoke some action into it, but the man or woman is seven. His choice remains punished including gaol for some term above in conformity with certain year, strong action or non-labor, or also including fine.According to in conformity with Section 471, "If a person fraudulently then dishonestly makes use of a file as like an actual document, understanding up to expectation the record is a solid report or she has a purpose in conformity with belief, he pleasure stand punished as if that cast the report himself." Dr. affright about fleeing always proviso Sabrina is granted bailAfter twain rounds of remand, Sabrina was once produced before the Dhaka Metropolitan Magistrate's Court on July 20. Investigating officer DB Police Inspector Liaquat Ali submitted a record requesting that she remain kept among penitentiary till the taking care of the law is completed.The investigating officer concerning the action pronounced into the report, among the hobby concerning fair investigation yet righteousness till the taking care of the litigation is over. Sabrina wishes to stand stored between jail. Since his fame then tackle has not been verified, Dr. If Sabrina goes over bail, there is a risk of fleeing forever.In the report, the investigating officer concerning the lawsuit in addition mentioned, ‘While of remand, Sabrina used to be interrogated between detail touching the case beside era in imitation of time. He provided absolutely important facts involving the case, as is animal investigated. Sabrina then her buddies (many about whom are accused) fraudulently supplied nice and bad reviews of coronavirus using the names yet emblems about government agencies. Sabrina has been helping according to length the disease through damage and forget about on harmless people. She back after reaching a number of government job orders beside her mate Ariful Chowdhury's JKG Healthcare with the aid of exerting have an impact on at one-of-a-kind degrees concerning the fitness department. As a result, even is evidence that JKG Healthcare has recklessly harmed society and embezzled widespread sums regarding money.The report similarly states, ‘Dr. Sabrina, with the assist concerning her sordid collaborators, was assumption abroad anti-social or unfavorable things to do aimed at illegally profiting during the coronavirus epidemic. Dr. Sabrina's JKG Healthcare collects cash out of infected sufferers in specific parts concerning the country, which include Dhaka, yet embezzles huge sums on money together with thousands concerning fake certificates (negative/positive) besides checking out them. Besides, pretend reports regarding coronavirus were fond via JKG Healthcare before the demise on Bangladeshi nationals abroad, which was other standardized according to keep forged into exclusive countries. This has tarnished the picture of Bangladesh abroad. 'The accused Biplob Das, Mamunur Rashid, Humayun Kabir Himu, Tanjila Patwari, Ariful Chowdhury yet Saadi Chowdhury, whosoever were arrested into the case, healthy pretend certificates (negative/positive) concerning corona patients. Dr. It is realized up to expectation Sabrina JKG has embezzled big volume regarding cash along faux certificates using rule trademarks thru laptops yet mean gadgets saved in the workplace regarding Health Care. The accused Tanzila Patwari then Humayun Kabir Himu of their statements within their statements. Sabrina's honor was revealed then that definitely acknowledged up to expectation Sabrina was an active feature on the forgery. Dr. Sabrina pleasure keeps remanded among anxiety agreement critical after unraveling the actual secrets and techniques about the action afterward verifying the statistics mated during interrogation, ”the record said.Sabrina was added to the Tejgaon Divisional Sub-Police (DC) workplace at midday about July 12 because of questioning. After interrogation, the policeman arrested him of a lawsuit straight at Tejgaon cop station because of giving false files besides testing the coronavirus sample. He was once remanded because of ternary days of July 13 On July 17, DB was remanded for two more days. After a two-term remand, the court docket despatched him according to penitentiary concerning July 20.

http://www.bdnews24paper.ml/2020/07/dr-could-be-sentenced-to-seven-years-in.html

[maritimecyprus]

(http://www.MaritimeCyprus.com) In addition to fuel, modern ships also run on paper or their electronic equivalent. Vessels are required to keep written or electronic records of many things – and the list is growing.

There is the traditional Ship’s Log, which records the vessel’s position, course, speed, weather, and unusual events to name a few. The Oil Record Book (ORB) has been around for a long time and tracks all movement of oil throughout the vessel, including its loading, consumption, and discharge (generally via the oily water separator and overboard discharge piping).

Shipboard recordkeeping requirements have expanded in recent years. The Sewage Record Book keeps track of sewage discharges by type, date, time, distance from shore, rate of discharge, and vessel speed. The Garbage Record Book records each discharge operation, incineration, escape, or accidental loss of garbage. The Ballast Water Record Book records each operation concerning ballast water, including the date, time, location, and volume of each uptake and discharge, as well as the date and time ballast water is circulated or treated.

The Biofouling Record Book keeps track of vessel dry-dockings, hull cleanings, anti-fouling system maintenance and changes, diver surveys and cleanings, and vessel layups, among other things. On Board Training and Drills are tracked in another record. Ship Security Record Book keeps track of training, drills, exercises, audits, etc. The Cargo Securing Record Book, in addition to containing the procedures for accepting, maintaining, and repairing or rejecting of cargo securing devices, also includes a record of inspections of such equipment. The dangerous goods manifest and stowage plan must be kept up to date. The Ship Security Plan includes recordkeeping requirements for training, drills, exercises, and audits. Work and Rest Hours have their own recordkeeping system, including an obligation for each crew member to be provided with a signed copy of their individual records.

Any and all of these records must be made available to the port state control officer upon demand. In the United States, it is a violation of federal law to present a fraudulent record to such officer. Specifically, 18 U.S. Code § 1519 provides:

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States . . ., or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

Unlike in some port states where fraudulent ship’s records are either not detected or ignored, the United States vigorously prosecutes any and all violations suspected to exist. In addition, if a crew member provides substantial evidence to support the prosecution, that crew member can be handsomely rewarded in many instances. Thus, multi-million criminal fines against ship owners and operators for violations including fraudulent recordkeeping have become commonplace.

In 1999, Royal Caribbean Cruises Ltd pled guilty in federal court to a variety of offenses including the intentional discharging at sea of waste oil that was not processed through the oily water separator and of lying to the US Coast Guard by presenting to a boarding officer in the Port of Miami the ship’s oil record book which did not contain entries for the illegal discharges. The company paid an $18 million criminal fine and served five years under a court-supervised environmental compliance program. While this was the first high visibility such prosecution, it was certainly not the first instance of the federal government pursuing fraudulent recordkeeping offenses in the maritime sector.

Initially, the industry bemoaned these prosecutions, particularly the ones that involved whistleblowers. Eventually, the industry acknowledged that, for the most part, these prosecutions have been for intentional crimes.

Unfortunately, these multi-million dollar fines have not resulted in wholesale changes in the manner in which many ships engage in recordkeeping. Fudging entries, ignoring unpleasant facts (such as malfunctioning equipment), cutting corners, and outright fraud remain all too common. Some companies accept this as a fact of life. Others see it as an acceptable cost-cutting measure, saving money on repairs and downtime, in an era of low profits and cut-throat competition. In egregious cases, the federal government has banned the vessels of offending companies from operating in US for a period of years.

Million-dollar fines related to fraudulent oil record book entries have become frequent. Less frequent, though growing, have been fines for fraudulent entries in sewage record books, garbage record books, and ballast water record books. Any official and some unofficial records maintained by a vessel or its owner/operator could become the focus of a criminal investigation.

Companies that do not make concerted efforts to encourage accurate recordkeeping on their vessels while discouraging and rooting out fraudulent record entries are engaged in high stakes gambling. Penalties will continue to increase for violations detected in the United States.

Other nations are starting to take action when maritime fraud is discovered. The days of laisser-faire are drawing to a close.

Source: Dennis L. Bryant. Bryant’s Maritime Consulting

Recordkeeping is serious business (www.MaritimeCyprus.com) In addition to fuel, modern ships also run on paper or their electronic equivalent.

[asafeatherwould]

Fraud Legal Defense in Utah

Fraud involves wrongful or criminal deception in order to personally gain, financially or otherwise. Fraud cases can be charged as felonies or misdemeanors, with penalties including fines, prison time, and jail time. The attorneys at Ascent Law have experience with both types of cases and are prepared to serve you. We have successfully had felonies reduced to misdemeanors and have even had cases dismissed completely.

Fraud allegations are sometimes a convenient way for people engaged in business with others to try to rescue some value from a business deal that “went bad.” The “wronged party” accuses the other of fraud as a way to use government prosecutors as bill collectors. The complaining witness assumes or expects that restitution will be part of a deal struck by the prosecution and the accused — resulting in recovery of at least some of the value that was allegedly lost through the bad deal.

What Constitutes “Fraud” in Utah?

In charges related to fraud, no matter what method of fraud is used, the same typical elements apply. First, there must be some sort of deception. This can occur in a few ways, any of which could constitute deception for a fraud claim: o Lying about some material fact; o Creating a falsified document; o Destroying or hiding a legitimate document; o Failing to turn over documents or information when required; o Filing an official record that is inaccurate or missing information; o Tampering with records; o Making a financial transaction you know will not work; o Paying money to get someone else to lie or avoid an obligation.

Second, this deception gives you some sort of benefit. This benefit is typically a financial benefit of some sort. For instance, you could gain property, money, or a real estate. Alternatively, the fraud may give you some non-economic benefit, such as a bargaining advantage, access, or some other benefit.

Consequences of a Fraud Conviction in Utah

Consequences for the conviction of fraud may potentially include: • Imprisonment • Probation or parole • Loss of the right to be bonded • Restitution (paid to the victims to compensate for any losses) • Court ordered counseling • Significant fines • Other

Punishment for Fraud Charges in Utah

Likelihood of any of the above consequences depends upon the following factors: • Prior similar convictions • Any other prior convictions • Currently on probation or parole • Attitude of community and court toward this type of crime • Degree of media attention on case • Mitigating/aggravating circumstances • Other

Defenses to Fraud Charges

Defenses to fraud may potentially include: • Insufficient evidence • Factual innocence • True owner • Other

Utah Fraud Defense

In many cases, there are limits on whether the deception is significant enough. An experienced fraud attorney can usually take advantage of these requirements to argue that the conduct you performed was not truly deceptive. Some of the fraud statutes have specific lines drawn as to when the deception is significant enough to be a crime.

First, the deception usually must be material. This means that the lie must somehow affect the victim or the benefit the actor is trying to receive. For instance, if a car salesman says the car has 2,000 miles, but modified the records and changed the odometer to hide the fact that the car had 100,000 miles on it, the lie would very heavily affect the purchaser’s decision. Alternatively, if the car salesman told the truth about the car, but said they once met a celebrity, that lie would not be material to the sale because it is unrelated.

Additionally, there is often room to allow for “puffing.” Sales pitches often involve somewhat exaggerated statements. These are allowed and do not necessarily constitute fraud. For instance, saying, “This car will make you happy,” is merely part of the sales pitch, and is not intended to be accepted as a true statement. Statements like this may not constitute fraud.

Fraud Defense Attorney in Utah

Fraud is a popular target for law enforcement, both at the state and federal levels. Various forms of fraud cost American taxpayers billions per year and Utah is no exception. However, fraud is often a case of big government (or big corporations) against the little man. There’s a lot of pressure on government agencies to cut fraud and also a lot of overlap between the various laws that allow for a single fraud charge to quickly snowball into epic proportions. Common type of frauds:

 Check Fraud In Utah: Probably the most well-known version of fraud, check fraud covers any instance of paying for something via check when you know you don’t (or won’t) have enough money for the check to be honored once it’s deposited. Utah offers a grace period in which you can repay the debt and avoid any criminal charges, but it’s not long.

 Investor Fraud In Utah: Investor fraud covers things like Ponzi schemes or real estate scams. Investor fraud is when someone fakes investment opportunities of any kind in order to tempt people to give them money. It’s important to note that even if you return the funds, you could still face criminal charges.

 Credit Card Fraud In Utah: Most people’s exposure to credit card fraud is usually via identity theft: someone steals someone else’s credit card information and uses it. This is a prime example of how a single action can be counted as multiple crimes, since it counts as both identity theft and credit card fraud. However, credit card fraud also covers crimes such as:

Trying to steal classified card information Falsely billing a credit card for goods or services Unlawfully transferring a credit card to another person Lying on a credit card application form

The Justice Department is cracking down on credit card fraud and has requested state governments to toughen the punishments for the crime. As a result, credit card fraud is often treated as a more serious offense than other forms of fraud.

 Bank Fraud In Utah: Whether you’re lying about your income to secure a loan or using someone else’s identity to steal money, that’s all bank fraud. Basically, any form of fraud that involves a bank can be grounds for bank fraud charges.

 Health Fraud In Utah: Sometimes confused disability fraud due to their occasional overlapping definitions, health fraud covers any attempt to receive money, goods, or services by lying about your health or the health of those in your care.

 Insurance Fraud In Utah: If you lie or cause someone else to lie in order to gain some form of illegal compensation (increase an insurance payout, for example, or get a better policy for less money), then you’ve committed insurance fraud. Given that insurance rarely deals in policies worth less than $1,500, this is nearly always a felony.

 Social Security Fraud In Utah: Social security fraud covers any attempt to mislead the Social Security Administration into granting or increasing benefits when the recipient doesn’t legally deserve them. This generally covers disability fraud as well.

How does one prove fraud in Utah?

Here is a court case which numbers the elements of fraud: “The elements of a fraud claim include the following:  a representation;  concerning a presently existing material fact;  which was false; (4)  which the representor either (a) knew to be false, or (b) made recklessly, knowing that he had insufficient knowledge upon which to base such representation;  for the purpose of inducing the other party to act upon it;  that the other party, acting reasonably and in ignorance of its falsity;  did in fact rely upon it;  and was thereby induced to act;  to his injury and damage.” Dugan v. Jones, 615 P.2d 1239, 1246 (Utah 1980) Fraud is almost always extremely difficult to prove. A couple of these elements require you to show what was going on in the fraudulent person’s head. You need to have enough extrinsic evidence to refute self-serving explanations of mistake and/or intent.

Theft and Fraud Crime Overview

Retail Theft/Shoplifting- §76-6-602 this occurs when a person does any of the following: • Knowingly takes possession of any merchandise displayed for sale with intent to permanently possess said merchandise without paying retail value; • Alters or removes any label or price tag in a retail establishment and attempts to buy said merchandise for less than retail value; • Transfers any merchandise in a retail establishment to another container with the intent of depriving the merchant of the retail value of merchandise; or • Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or • Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

Forgery-§70A-5-109 a person commits fraud when he or she makes a presentation that appears to comply with terms and conditions of a letter of credit, but a required document is forged, materially fraudulent, or would facilitate the material fraud by the issuer if honored. Identity Fraud- §76-6-1101 an actor is guilty of identify fraud when he or she intentionally uses or attempts to use another person’s personal information, whether alive or deceased, with fraudulent intent. Robbery-§76-6-301 a person is guilty of robbery when he or she illegally and purposefully takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by force, or fear, with intent to deprive the person of the property; or if he or she intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation

Aggravated Robbery- §76-6-302 a person is guilty of aggravated robbery if during the course of committing a robbery, he or she: • Uses or threatens to use a dangerous weapon; • Causes serious bodily injury upon another; or • Takes or attempts to take an operable motor vehicle Burglary-§76-6-202 a person can be found guilty of burglary if he or she enters or remains unlawfully in a building or any portion of a building with intent to commit: • A felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism. Utah Penalties for Theft and Fraud Crime For the mentioned offenses, the lightest sentence carries a penalty of up to one year in jail and $2,500 in fines. More serious offenses are punishable by up to 15 years imprisonment and $10,000 in fines. However, these penalties are not exhaustive. There is a wide range of penalties associated with crimes of theft and property.

Fraud Defense in Salt Lake City

In Salt Lake City and throughout Utah, a criminal fraud charge can mean a number of things. Technically, fraud refers to the intentional misleading of a person with the intent of cheating them out of money or property. In actuality, a fraud charge is often something that prosecutors use when they don’t know what other charge to levy. In other cases, a business deal gone sour might result in fraud charges because the offended party doesn’t know how else to get what they deem to be restitution. If you are facing charges of fraud, embezzlement, or other white collar crimes, you need an experienced criminal defense attorney to help you make sure that your rights and your good name are protected.

Free Consultation with a Fraud Criminal Defense Lawyer

When you need legal help with a fraud charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Salt Lake City Utah

Drug Paraphernalia Defense

Durable Power of Attorney

Asset Protection Tips

Estate Litigation in Utah

Successful Child Custody Mediation

Source: https://www.ascentlawfirm.com/fraud-legal-defense-in-utah/

[melissawalker01]

Fraud Legal Defense in Utah

Fraud involves wrongful or criminal deception in order to personally gain, financially or otherwise. Fraud cases can be charged as felonies or misdemeanors, with penalties including fines, prison time, and jail time. The attorneys at Ascent Law have experience with both types of cases and are prepared to serve you. We have successfully had felonies reduced to misdemeanors and have even had cases dismissed completely.

Fraud allegations are sometimes a convenient way for people engaged in business with others to try to rescue some value from a business deal that “went bad.” The “wronged party” accuses the other of fraud as a way to use government prosecutors as bill collectors. The complaining witness assumes or expects that restitution will be part of a deal struck by the prosecution and the accused — resulting in recovery of at least some of the value that was allegedly lost through the bad deal.

What Constitutes “Fraud” in Utah?

In charges related to fraud, no matter what method of fraud is used, the same typical elements apply. First, there must be some sort of deception. This can occur in a few ways, any of which could constitute deception for a fraud claim: o Lying about some material fact; o Creating a falsified document; o Destroying or hiding a legitimate document; o Failing to turn over documents or information when required; o Filing an official record that is inaccurate or missing information; o Tampering with records; o Making a financial transaction you know will not work; o Paying money to get someone else to lie or avoid an obligation.

Second, this deception gives you some sort of benefit. This benefit is typically a financial benefit of some sort. For instance, you could gain property, money, or a real estate. Alternatively, the fraud may give you some non-economic benefit, such as a bargaining advantage, access, or some other benefit.

Consequences of a Fraud Conviction in Utah

Consequences for the conviction of fraud may potentially include: • Imprisonment • Probation or parole • Loss of the right to be bonded • Restitution (paid to the victims to compensate for any losses) • Court ordered counseling • Significant fines • Other

Punishment for Fraud Charges in Utah

Likelihood of any of the above consequences depends upon the following factors: • Prior similar convictions • Any other prior convictions • Currently on probation or parole • Attitude of community and court toward this type of crime • Degree of media attention on case • Mitigating/aggravating circumstances • Other

Defenses to Fraud Charges

Defenses to fraud may potentially include: • Insufficient evidence • Factual innocence • True owner • Other

Utah Fraud Defense

In many cases, there are limits on whether the deception is significant enough. An experienced fraud attorney can usually take advantage of these requirements to argue that the conduct you performed was not truly deceptive. Some of the fraud statutes have specific lines drawn as to when the deception is significant enough to be a crime.

First, the deception usually must be material. This means that the lie must somehow affect the victim or the benefit the actor is trying to receive. For instance, if a car salesman says the car has 2,000 miles, but modified the records and changed the odometer to hide the fact that the car had 100,000 miles on it, the lie would very heavily affect the purchaser’s decision. Alternatively, if the car salesman told the truth about the car, but said they once met a celebrity, that lie would not be material to the sale because it is unrelated.

Additionally, there is often room to allow for “puffing.” Sales pitches often involve somewhat exaggerated statements. These are allowed and do not necessarily constitute fraud. For instance, saying, “This car will make you happy,” is merely part of the sales pitch, and is not intended to be accepted as a true statement. Statements like this may not constitute fraud.

Fraud Defense Attorney in Utah

Fraud is a popular target for law enforcement, both at the state and federal levels. Various forms of fraud cost American taxpayers billions per year and Utah is no exception. However, fraud is often a case of big government (or big corporations) against the little man. There’s a lot of pressure on government agencies to cut fraud and also a lot of overlap between the various laws that allow for a single fraud charge to quickly snowball into epic proportions. Common type of frauds:

 Check Fraud In Utah: Probably the most well-known version of fraud, check fraud covers any instance of paying for something via check when you know you don’t (or won’t) have enough money for the check to be honored once it’s deposited. Utah offers a grace period in which you can repay the debt and avoid any criminal charges, but it’s not long.

 Investor Fraud In Utah: Investor fraud covers things like Ponzi schemes or real estate scams. Investor fraud is when someone fakes investment opportunities of any kind in order to tempt people to give them money. It’s important to note that even if you return the funds, you could still face criminal charges.

 Credit Card Fraud In Utah: Most people’s exposure to credit card fraud is usually via identity theft: someone steals someone else’s credit card information and uses it. This is a prime example of how a single action can be counted as multiple crimes, since it counts as both identity theft and credit card fraud. However, credit card fraud also covers crimes such as:

Trying to steal classified card information Falsely billing a credit card for goods or services Unlawfully transferring a credit card to another person Lying on a credit card application form

The Justice Department is cracking down on credit card fraud and has requested state governments to toughen the punishments for the crime. As a result, credit card fraud is often treated as a more serious offense than other forms of fraud.

 Bank Fraud In Utah: Whether you’re lying about your income to secure a loan or using someone else’s identity to steal money, that’s all bank fraud. Basically, any form of fraud that involves a bank can be grounds for bank fraud charges.

 Health Fraud In Utah: Sometimes confused disability fraud due to their occasional overlapping definitions, health fraud covers any attempt to receive money, goods, or services by lying about your health or the health of those in your care.

 Insurance Fraud In Utah: If you lie or cause someone else to lie in order to gain some form of illegal compensation (increase an insurance payout, for example, or get a better policy for less money), then you’ve committed insurance fraud. Given that insurance rarely deals in policies worth less than $1,500, this is nearly always a felony.

 Social Security Fraud In Utah: Social security fraud covers any attempt to mislead the Social Security Administration into granting or increasing benefits when the recipient doesn’t legally deserve them. This generally covers disability fraud as well.

How does one prove fraud in Utah?

Here is a court case which numbers the elements of fraud: “The elements of a fraud claim include the following:  a representation;  concerning a presently existing material fact;  which was false; (4)  which the representor either (a) knew to be false, or (b) made recklessly, knowing that he had insufficient knowledge upon which to base such representation;  for the purpose of inducing the other party to act upon it;  that the other party, acting reasonably and in ignorance of its falsity;  did in fact rely upon it;  and was thereby induced to act;  to his injury and damage.” Dugan v. Jones, 615 P.2d 1239, 1246 (Utah 1980) Fraud is almost always extremely difficult to prove. A couple of these elements require you to show what was going on in the fraudulent person’s head. You need to have enough extrinsic evidence to refute self-serving explanations of mistake and/or intent.

Theft and Fraud Crime Overview

Retail Theft/Shoplifting- §76-6-602 this occurs when a person does any of the following: • Knowingly takes possession of any merchandise displayed for sale with intent to permanently possess said merchandise without paying retail value; • Alters or removes any label or price tag in a retail establishment and attempts to buy said merchandise for less than retail value; • Transfers any merchandise in a retail establishment to another container with the intent of depriving the merchant of the retail value of merchandise; or • Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or • Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

Forgery-§70A-5-109 a person commits fraud when he or she makes a presentation that appears to comply with terms and conditions of a letter of credit, but a required document is forged, materially fraudulent, or would facilitate the material fraud by the issuer if honored. Identity Fraud- §76-6-1101 an actor is guilty of identify fraud when he or she intentionally uses or attempts to use another person’s personal information, whether alive or deceased, with fraudulent intent. Robbery-§76-6-301 a person is guilty of robbery when he or she illegally and purposefully takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by force, or fear, with intent to deprive the person of the property; or if he or she intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation

Aggravated Robbery- §76-6-302 a person is guilty of aggravated robbery if during the course of committing a robbery, he or she: • Uses or threatens to use a dangerous weapon; • Causes serious bodily injury upon another; or • Takes or attempts to take an operable motor vehicle Burglary-§76-6-202 a person can be found guilty of burglary if he or she enters or remains unlawfully in a building or any portion of a building with intent to commit: • A felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism. Utah Penalties for Theft and Fraud Crime For the mentioned offenses, the lightest sentence carries a penalty of up to one year in jail and $2,500 in fines. More serious offenses are punishable by up to 15 years imprisonment and $10,000 in fines. However, these penalties are not exhaustive. There is a wide range of penalties associated with crimes of theft and property.

Fraud Defense in Salt Lake City

In Salt Lake City and throughout Utah, a criminal fraud charge can mean a number of things. Technically, fraud refers to the intentional misleading of a person with the intent of cheating them out of money or property. In actuality, a fraud charge is often something that prosecutors use when they don’t know what other charge to levy. In other cases, a business deal gone sour might result in fraud charges because the offended party doesn’t know how else to get what they deem to be restitution. If you are facing charges of fraud, embezzlement, or other white collar crimes, you need an experienced criminal defense attorney to help you make sure that your rights and your good name are protected.

Free Consultation with a Fraud Criminal Defense Lawyer

When you need legal help with a fraud charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Salt Lake City Utah

Drug Paraphernalia Defense

Durable Power of Attorney

Asset Protection Tips

Estate Litigation in Utah

Successful Child Custody Mediation

from Michael Anderson https://www.ascentlawfirm.com/fraud-legal-defense-in-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/186154822965

[michaeljames1221]

Fraud Legal Defense in Utah

Fraud involves wrongful or criminal deception in order to personally gain, financially or otherwise. Fraud cases can be charged as felonies or misdemeanors, with penalties including fines, prison time, and jail time. The attorneys at Ascent Law have experience with both types of cases and are prepared to serve you. We have successfully had felonies reduced to misdemeanors and have even had cases dismissed completely.

Fraud allegations are sometimes a convenient way for people engaged in business with others to try to rescue some value from a business deal that “went bad.” The “wronged party” accuses the other of fraud as a way to use government prosecutors as bill collectors. The complaining witness assumes or expects that restitution will be part of a deal struck by the prosecution and the accused — resulting in recovery of at least some of the value that was allegedly lost through the bad deal.

What Constitutes “Fraud” in Utah?

In charges related to fraud, no matter what method of fraud is used, the same typical elements apply. First, there must be some sort of deception. This can occur in a few ways, any of which could constitute deception for a fraud claim: o Lying about some material fact; o Creating a falsified document; o Destroying or hiding a legitimate document; o Failing to turn over documents or information when required; o Filing an official record that is inaccurate or missing information; o Tampering with records; o Making a financial transaction you know will not work; o Paying money to get someone else to lie or avoid an obligation.

Second, this deception gives you some sort of benefit. This benefit is typically a financial benefit of some sort. For instance, you could gain property, money, or a real estate. Alternatively, the fraud may give you some non-economic benefit, such as a bargaining advantage, access, or some other benefit.

Consequences of a Fraud Conviction in Utah

Consequences for the conviction of fraud may potentially include: • Imprisonment • Probation or parole • Loss of the right to be bonded • Restitution (paid to the victims to compensate for any losses) • Court ordered counseling • Significant fines • Other

Punishment for Fraud Charges in Utah

Likelihood of any of the above consequences depends upon the following factors: • Prior similar convictions • Any other prior convictions • Currently on probation or parole • Attitude of community and court toward this type of crime • Degree of media attention on case • Mitigating/aggravating circumstances • Other

Defenses to Fraud Charges

Defenses to fraud may potentially include: • Insufficient evidence • Factual innocence • True owner • Other

Utah Fraud Defense

In many cases, there are limits on whether the deception is significant enough. An experienced fraud attorney can usually take advantage of these requirements to argue that the conduct you performed was not truly deceptive. Some of the fraud statutes have specific lines drawn as to when the deception is significant enough to be a crime.

First, the deception usually must be material. This means that the lie must somehow affect the victim or the benefit the actor is trying to receive. For instance, if a car salesman says the car has 2,000 miles, but modified the records and changed the odometer to hide the fact that the car had 100,000 miles on it, the lie would very heavily affect the purchaser’s decision. Alternatively, if the car salesman told the truth about the car, but said they once met a celebrity, that lie would not be material to the sale because it is unrelated.

Additionally, there is often room to allow for “puffing.” Sales pitches often involve somewhat exaggerated statements. These are allowed and do not necessarily constitute fraud. For instance, saying, “This car will make you happy,” is merely part of the sales pitch, and is not intended to be accepted as a true statement. Statements like this may not constitute fraud.

Fraud Defense Attorney in Utah

Fraud is a popular target for law enforcement, both at the state and federal levels. Various forms of fraud cost American taxpayers billions per year and Utah is no exception. However, fraud is often a case of big government (or big corporations) against the little man. There’s a lot of pressure on government agencies to cut fraud and also a lot of overlap between the various laws that allow for a single fraud charge to quickly snowball into epic proportions. Common type of frauds:

 Check Fraud In Utah: Probably the most well-known version of fraud, check fraud covers any instance of paying for something via check when you know you don’t (or won’t) have enough money for the check to be honored once it’s deposited. Utah offers a grace period in which you can repay the debt and avoid any criminal charges, but it’s not long.

 Investor Fraud In Utah: Investor fraud covers things like Ponzi schemes or real estate scams. Investor fraud is when someone fakes investment opportunities of any kind in order to tempt people to give them money. It’s important to note that even if you return the funds, you could still face criminal charges.

 Credit Card Fraud In Utah: Most people’s exposure to credit card fraud is usually via identity theft: someone steals someone else’s credit card information and uses it. This is a prime example of how a single action can be counted as multiple crimes, since it counts as both identity theft and credit card fraud. However, credit card fraud also covers crimes such as:

Trying to steal classified card information Falsely billing a credit card for goods or services Unlawfully transferring a credit card to another person Lying on a credit card application form

The Justice Department is cracking down on credit card fraud and has requested state governments to toughen the punishments for the crime. As a result, credit card fraud is often treated as a more serious offense than other forms of fraud.

 Bank Fraud In Utah: Whether you’re lying about your income to secure a loan or using someone else’s identity to steal money, that’s all bank fraud. Basically, any form of fraud that involves a bank can be grounds for bank fraud charges.

 Health Fraud In Utah: Sometimes confused disability fraud due to their occasional overlapping definitions, health fraud covers any attempt to receive money, goods, or services by lying about your health or the health of those in your care.

 Insurance Fraud In Utah: If you lie or cause someone else to lie in order to gain some form of illegal compensation (increase an insurance payout, for example, or get a better policy for less money), then you’ve committed insurance fraud. Given that insurance rarely deals in policies worth less than $1,500, this is nearly always a felony.

 Social Security Fraud In Utah: Social security fraud covers any attempt to mislead the Social Security Administration into granting or increasing benefits when the recipient doesn’t legally deserve them. This generally covers disability fraud as well.

How does one prove fraud in Utah?

Here is a court case which numbers the elements of fraud: “The elements of a fraud claim include the following:  a representation;  concerning a presently existing material fact;  which was false; (4)  which the representor either (a) knew to be false, or (b) made recklessly, knowing that he had insufficient knowledge upon which to base such representation;  for the purpose of inducing the other party to act upon it;  that the other party, acting reasonably and in ignorance of its falsity;  did in fact rely upon it;  and was thereby induced to act;  to his injury and damage.” Dugan v. Jones, 615 P.2d 1239, 1246 (Utah 1980) Fraud is almost always extremely difficult to prove. A couple of these elements require you to show what was going on in the fraudulent person’s head. You need to have enough extrinsic evidence to refute self-serving explanations of mistake and/or intent.

Theft and Fraud Crime Overview

Retail Theft/Shoplifting- §76-6-602 this occurs when a person does any of the following: • Knowingly takes possession of any merchandise displayed for sale with intent to permanently possess said merchandise without paying retail value; • Alters or removes any label or price tag in a retail establishment and attempts to buy said merchandise for less than retail value; • Transfers any merchandise in a retail establishment to another container with the intent of depriving the merchant of the retail value of merchandise; or • Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or • Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

Forgery-§70A-5-109 a person commits fraud when he or she makes a presentation that appears to comply with terms and conditions of a letter of credit, but a required document is forged, materially fraudulent, or would facilitate the material fraud by the issuer if honored. Identity Fraud- §76-6-1101 an actor is guilty of identify fraud when he or she intentionally uses or attempts to use another person’s personal information, whether alive or deceased, with fraudulent intent. Robbery-§76-6-301 a person is guilty of robbery when he or she illegally and purposefully takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by force, or fear, with intent to deprive the person of the property; or if he or she intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation

Aggravated Robbery- §76-6-302 a person is guilty of aggravated robbery if during the course of committing a robbery, he or she: • Uses or threatens to use a dangerous weapon; • Causes serious bodily injury upon another; or • Takes or attempts to take an operable motor vehicle Burglary-§76-6-202 a person can be found guilty of burglary if he or she enters or remains unlawfully in a building or any portion of a building with intent to commit: • A felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism. Utah Penalties for Theft and Fraud Crime For the mentioned offenses, the lightest sentence carries a penalty of up to one year in jail and $2,500 in fines. More serious offenses are punishable by up to 15 years imprisonment and $10,000 in fines. However, these penalties are not exhaustive. There is a wide range of penalties associated with crimes of theft and property.

Fraud Defense in Salt Lake City

In Salt Lake City and throughout Utah, a criminal fraud charge can mean a number of things. Technically, fraud refers to the intentional misleading of a person with the intent of cheating them out of money or property. In actuality, a fraud charge is often something that prosecutors use when they don’t know what other charge to levy. In other cases, a business deal gone sour might result in fraud charges because the offended party doesn’t know how else to get what they deem to be restitution. If you are facing charges of fraud, embezzlement, or other white collar crimes, you need an experienced criminal defense attorney to help you make sure that your rights and your good name are protected.

Free Consultation with a Fraud Criminal Defense Lawyer

When you need legal help with a fraud charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Salt Lake City Utah

Drug Paraphernalia Defense

Durable Power of Attorney

Asset Protection Tips

Estate Litigation in Utah

Successful Child Custody Mediation

from Michael Anderson https://www.ascentlawfirm.com/fraud-legal-defense-in-utah/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/07/09/fraud-legal-defense-in-utah/

[aretia]

Fraud Legal Defense in Utah

Fraud involves wrongful or criminal deception in order to personally gain, financially or otherwise. Fraud cases can be charged as felonies or misdemeanors, with penalties including fines, prison time, and jail time. The attorneys at Ascent Law have experience with both types of cases and are prepared to serve you. We have successfully had felonies reduced to misdemeanors and have even had cases dismissed completely.

Fraud allegations are sometimes a convenient way for people engaged in business with others to try to rescue some value from a business deal that “went bad.” The “wronged party” accuses the other of fraud as a way to use government prosecutors as bill collectors. The complaining witness assumes or expects that restitution will be part of a deal struck by the prosecution and the accused — resulting in recovery of at least some of the value that was allegedly lost through the bad deal.

What Constitutes “Fraud” in Utah?

In charges related to fraud, no matter what method of fraud is used, the same typical elements apply. First, there must be some sort of deception. This can occur in a few ways, any of which could constitute deception for a fraud claim: o Lying about some material fact; o Creating a falsified document; o Destroying or hiding a legitimate document; o Failing to turn over documents or information when required; o Filing an official record that is inaccurate or missing information; o Tampering with records; o Making a financial transaction you know will not work; o Paying money to get someone else to lie or avoid an obligation.

Second, this deception gives you some sort of benefit. This benefit is typically a financial benefit of some sort. For instance, you could gain property, money, or a real estate. Alternatively, the fraud may give you some non-economic benefit, such as a bargaining advantage, access, or some other benefit.

Consequences of a Fraud Conviction in Utah

Consequences for the conviction of fraud may potentially include: • Imprisonment • Probation or parole • Loss of the right to be bonded • Restitution (paid to the victims to compensate for any losses) • Court ordered counseling • Significant fines • Other

Punishment for Fraud Charges in Utah

Likelihood of any of the above consequences depends upon the following factors: • Prior similar convictions • Any other prior convictions • Currently on probation or parole • Attitude of community and court toward this type of crime • Degree of media attention on case • Mitigating/aggravating circumstances • Other

Defenses to Fraud Charges

Defenses to fraud may potentially include: • Insufficient evidence • Factual innocence • True owner • Other

Utah Fraud Defense

In many cases, there are limits on whether the deception is significant enough. An experienced fraud attorney can usually take advantage of these requirements to argue that the conduct you performed was not truly deceptive. Some of the fraud statutes have specific lines drawn as to when the deception is significant enough to be a crime.

First, the deception usually must be material. This means that the lie must somehow affect the victim or the benefit the actor is trying to receive. For instance, if a car salesman says the car has 2,000 miles, but modified the records and changed the odometer to hide the fact that the car had 100,000 miles on it, the lie would very heavily affect the purchaser’s decision. Alternatively, if the car salesman told the truth about the car, but said they once met a celebrity, that lie would not be material to the sale because it is unrelated.

Additionally, there is often room to allow for “puffing.” Sales pitches often involve somewhat exaggerated statements. These are allowed and do not necessarily constitute fraud. For instance, saying, “This car will make you happy,” is merely part of the sales pitch, and is not intended to be accepted as a true statement. Statements like this may not constitute fraud.

Fraud Defense Attorney in Utah

Fraud is a popular target for law enforcement, both at the state and federal levels. Various forms of fraud cost American taxpayers billions per year and Utah is no exception. However, fraud is often a case of big government (or big corporations) against the little man. There’s a lot of pressure on government agencies to cut fraud and also a lot of overlap between the various laws that allow for a single fraud charge to quickly snowball into epic proportions. Common type of frauds:

 Check Fraud In Utah: Probably the most well-known version of fraud, check fraud covers any instance of paying for something via check when you know you don’t (or won’t) have enough money for the check to be honored once it’s deposited. Utah offers a grace period in which you can repay the debt and avoid any criminal charges, but it’s not long.

 Investor Fraud In Utah: Investor fraud covers things like Ponzi schemes or real estate scams. Investor fraud is when someone fakes investment opportunities of any kind in order to tempt people to give them money. It’s important to note that even if you return the funds, you could still face criminal charges.

 Credit Card Fraud In Utah: Most people’s exposure to credit card fraud is usually via identity theft: someone steals someone else’s credit card information and uses it. This is a prime example of how a single action can be counted as multiple crimes, since it counts as both identity theft and credit card fraud. However, credit card fraud also covers crimes such as:

Trying to steal classified card information Falsely billing a credit card for goods or services Unlawfully transferring a credit card to another person Lying on a credit card application form

The Justice Department is cracking down on credit card fraud and has requested state governments to toughen the punishments for the crime. As a result, credit card fraud is often treated as a more serious offense than other forms of fraud.

 Bank Fraud In Utah: Whether you’re lying about your income to secure a loan or using someone else’s identity to steal money, that’s all bank fraud. Basically, any form of fraud that involves a bank can be grounds for bank fraud charges.

 Health Fraud In Utah: Sometimes confused disability fraud due to their occasional overlapping definitions, health fraud covers any attempt to receive money, goods, or services by lying about your health or the health of those in your care.

 Insurance Fraud In Utah: If you lie or cause someone else to lie in order to gain some form of illegal compensation (increase an insurance payout, for example, or get a better policy for less money), then you’ve committed insurance fraud. Given that insurance rarely deals in policies worth less than $1,500, this is nearly always a felony.

 Social Security Fraud In Utah: Social security fraud covers any attempt to mislead the Social Security Administration into granting or increasing benefits when the recipient doesn’t legally deserve them. This generally covers disability fraud as well.

How does one prove fraud in Utah?

Here is a court case which numbers the elements of fraud: “The elements of a fraud claim include the following:  a representation;  concerning a presently existing material fact;  which was false; (4)  which the representor either (a) knew to be false, or (b) made recklessly, knowing that he had insufficient knowledge upon which to base such representation;  for the purpose of inducing the other party to act upon it;  that the other party, acting reasonably and in ignorance of its falsity;  did in fact rely upon it;  and was thereby induced to act;  to his injury and damage.” Dugan v. Jones, 615 P.2d 1239, 1246 (Utah 1980) Fraud is almost always extremely difficult to prove. A couple of these elements require you to show what was going on in the fraudulent person’s head. You need to have enough extrinsic evidence to refute self-serving explanations of mistake and/or intent.

Theft and Fraud Crime Overview

Retail Theft/Shoplifting- §76-6-602 this occurs when a person does any of the following: • Knowingly takes possession of any merchandise displayed for sale with intent to permanently possess said merchandise without paying retail value; • Alters or removes any label or price tag in a retail establishment and attempts to buy said merchandise for less than retail value; • Transfers any merchandise in a retail establishment to another container with the intent of depriving the merchant of the retail value of merchandise; or • Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or • Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

Forgery-§70A-5-109 a person commits fraud when he or she makes a presentation that appears to comply with terms and conditions of a letter of credit, but a required document is forged, materially fraudulent, or would facilitate the material fraud by the issuer if honored. Identity Fraud- §76-6-1101 an actor is guilty of identify fraud when he or she intentionally uses or attempts to use another person’s personal information, whether alive or deceased, with fraudulent intent. Robbery-§76-6-301 a person is guilty of robbery when he or she illegally and purposefully takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by force, or fear, with intent to deprive the person of the property; or if he or she intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation

Aggravated Robbery- §76-6-302 a person is guilty of aggravated robbery if during the course of committing a robbery, he or she: • Uses or threatens to use a dangerous weapon; • Causes serious bodily injury upon another; or • Takes or attempts to take an operable motor vehicle Burglary-§76-6-202 a person can be found guilty of burglary if he or she enters or remains unlawfully in a building or any portion of a building with intent to commit: • A felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism. Utah Penalties for Theft and Fraud Crime For the mentioned offenses, the lightest sentence carries a penalty of up to one year in jail and $2,500 in fines. More serious offenses are punishable by up to 15 years imprisonment and $10,000 in fines. However, these penalties are not exhaustive. There is a wide range of penalties associated with crimes of theft and property.

Fraud Defense in Salt Lake City

In Salt Lake City and throughout Utah, a criminal fraud charge can mean a number of things. Technically, fraud refers to the intentional misleading of a person with the intent of cheating them out of money or property. In actuality, a fraud charge is often something that prosecutors use when they don’t know what other charge to levy. In other cases, a business deal gone sour might result in fraud charges because the offended party doesn’t know how else to get what they deem to be restitution. If you are facing charges of fraud, embezzlement, or other white collar crimes, you need an experienced criminal defense attorney to help you make sure that your rights and your good name are protected.

Free Consultation with a Fraud Criminal Defense Lawyer

When you need legal help with a fraud charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Salt Lake City Utah

Drug Paraphernalia Defense

Durable Power of Attorney

Asset Protection Tips

Estate Litigation in Utah

Successful Child Custody Mediation

Source: https://www.ascentlawfirm.com/fraud-legal-defense-in-utah/

[mayarosa47]

Fraud Legal Defense in Utah

Fraud involves wrongful or criminal deception in order to personally gain, financially or otherwise. Fraud cases can be charged as felonies or misdemeanors, with penalties including fines, prison time, and jail time. The attorneys at Ascent Law have experience with both types of cases and are prepared to serve you. We have successfully had felonies reduced to misdemeanors and have even had cases dismissed completely.

Fraud allegations are sometimes a convenient way for people engaged in business with others to try to rescue some value from a business deal that “went bad.” The “wronged party” accuses the other of fraud as a way to use government prosecutors as bill collectors. The complaining witness assumes or expects that restitution will be part of a deal struck by the prosecution and the accused — resulting in recovery of at least some of the value that was allegedly lost through the bad deal.

What Constitutes “Fraud” in Utah?

In charges related to fraud, no matter what method of fraud is used, the same typical elements apply. First, there must be some sort of deception. This can occur in a few ways, any of which could constitute deception for a fraud claim: o Lying about some material fact; o Creating a falsified document; o Destroying or hiding a legitimate document; o Failing to turn over documents or information when required; o Filing an official record that is inaccurate or missing information; o Tampering with records; o Making a financial transaction you know will not work; o Paying money to get someone else to lie or avoid an obligation.

Second, this deception gives you some sort of benefit. This benefit is typically a financial benefit of some sort. For instance, you could gain property, money, or a real estate. Alternatively, the fraud may give you some non-economic benefit, such as a bargaining advantage, access, or some other benefit.

Consequences of a Fraud Conviction in Utah

Consequences for the conviction of fraud may potentially include: • Imprisonment • Probation or parole • Loss of the right to be bonded • Restitution (paid to the victims to compensate for any losses) • Court ordered counseling • Significant fines • Other

Punishment for Fraud Charges in Utah

Likelihood of any of the above consequences depends upon the following factors: • Prior similar convictions • Any other prior convictions • Currently on probation or parole • Attitude of community and court toward this type of crime • Degree of media attention on case • Mitigating/aggravating circumstances • Other

Defenses to Fraud Charges

Defenses to fraud may potentially include: • Insufficient evidence • Factual innocence • True owner • Other

Utah Fraud Defense

In many cases, there are limits on whether the deception is significant enough. An experienced fraud attorney can usually take advantage of these requirements to argue that the conduct you performed was not truly deceptive. Some of the fraud statutes have specific lines drawn as to when the deception is significant enough to be a crime.

First, the deception usually must be material. This means that the lie must somehow affect the victim or the benefit the actor is trying to receive. For instance, if a car salesman says the car has 2,000 miles, but modified the records and changed the odometer to hide the fact that the car had 100,000 miles on it, the lie would very heavily affect the purchaser’s decision. Alternatively, if the car salesman told the truth about the car, but said they once met a celebrity, that lie would not be material to the sale because it is unrelated.

Additionally, there is often room to allow for “puffing.” Sales pitches often involve somewhat exaggerated statements. These are allowed and do not necessarily constitute fraud. For instance, saying, “This car will make you happy,” is merely part of the sales pitch, and is not intended to be accepted as a true statement. Statements like this may not constitute fraud.

Fraud Defense Attorney in Utah

Fraud is a popular target for law enforcement, both at the state and federal levels. Various forms of fraud cost American taxpayers billions per year and Utah is no exception. However, fraud is often a case of big government (or big corporations) against the little man. There’s a lot of pressure on government agencies to cut fraud and also a lot of overlap between the various laws that allow for a single fraud charge to quickly snowball into epic proportions. Common type of frauds:

 Check Fraud In Utah: Probably the most well-known version of fraud, check fraud covers any instance of paying for something via check when you know you don’t (or won’t) have enough money for the check to be honored once it’s deposited. Utah offers a grace period in which you can repay the debt and avoid any criminal charges, but it’s not long.

 Investor Fraud In Utah: Investor fraud covers things like Ponzi schemes or real estate scams. Investor fraud is when someone fakes investment opportunities of any kind in order to tempt people to give them money. It’s important to note that even if you return the funds, you could still face criminal charges.

 Credit Card Fraud In Utah: Most people’s exposure to credit card fraud is usually via identity theft: someone steals someone else’s credit card information and uses it. This is a prime example of how a single action can be counted as multiple crimes, since it counts as both identity theft and credit card fraud. However, credit card fraud also covers crimes such as:

Trying to steal classified card information Falsely billing a credit card for goods or services Unlawfully transferring a credit card to another person Lying on a credit card application form

The Justice Department is cracking down on credit card fraud and has requested state governments to toughen the punishments for the crime. As a result, credit card fraud is often treated as a more serious offense than other forms of fraud.

 Bank Fraud In Utah: Whether you’re lying about your income to secure a loan or using someone else’s identity to steal money, that’s all bank fraud. Basically, any form of fraud that involves a bank can be grounds for bank fraud charges.

 Health Fraud In Utah: Sometimes confused disability fraud due to their occasional overlapping definitions, health fraud covers any attempt to receive money, goods, or services by lying about your health or the health of those in your care.

 Insurance Fraud In Utah: If you lie or cause someone else to lie in order to gain some form of illegal compensation (increase an insurance payout, for example, or get a better policy for less money), then you’ve committed insurance fraud. Given that insurance rarely deals in policies worth less than $1,500, this is nearly always a felony.

 Social Security Fraud In Utah: Social security fraud covers any attempt to mislead the Social Security Administration into granting or increasing benefits when the recipient doesn’t legally deserve them. This generally covers disability fraud as well.

How does one prove fraud in Utah?

Here is a court case which numbers the elements of fraud: “The elements of a fraud claim include the following:  a representation;  concerning a presently existing material fact;  which was false; (4)  which the representor either (a) knew to be false, or (b) made recklessly, knowing that he had insufficient knowledge upon which to base such representation;  for the purpose of inducing the other party to act upon it;  that the other party, acting reasonably and in ignorance of its falsity;  did in fact rely upon it;  and was thereby induced to act;  to his injury and damage.” Dugan v. Jones, 615 P.2d 1239, 1246 (Utah 1980) Fraud is almost always extremely difficult to prove. A couple of these elements require you to show what was going on in the fraudulent person’s head. You need to have enough extrinsic evidence to refute self-serving explanations of mistake and/or intent.

Theft and Fraud Crime Overview

Retail Theft/Shoplifting- §76-6-602 this occurs when a person does any of the following: • Knowingly takes possession of any merchandise displayed for sale with intent to permanently possess said merchandise without paying retail value; • Alters or removes any label or price tag in a retail establishment and attempts to buy said merchandise for less than retail value; • Transfers any merchandise in a retail establishment to another container with the intent of depriving the merchant of the retail value of merchandise; or • Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or • Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

Forgery-§70A-5-109 a person commits fraud when he or she makes a presentation that appears to comply with terms and conditions of a letter of credit, but a required document is forged, materially fraudulent, or would facilitate the material fraud by the issuer if honored. Identity Fraud- §76-6-1101 an actor is guilty of identify fraud when he or she intentionally uses or attempts to use another person’s personal information, whether alive or deceased, with fraudulent intent. Robbery-§76-6-301 a person is guilty of robbery when he or she illegally and purposefully takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by force, or fear, with intent to deprive the person of the property; or if he or she intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation

Aggravated Robbery- §76-6-302 a person is guilty of aggravated robbery if during the course of committing a robbery, he or she: • Uses or threatens to use a dangerous weapon; • Causes serious bodily injury upon another; or • Takes or attempts to take an operable motor vehicle Burglary-§76-6-202 a person can be found guilty of burglary if he or she enters or remains unlawfully in a building or any portion of a building with intent to commit: • A felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism. Utah Penalties for Theft and Fraud Crime For the mentioned offenses, the lightest sentence carries a penalty of up to one year in jail and $2,500 in fines. More serious offenses are punishable by up to 15 years imprisonment and $10,000 in fines. However, these penalties are not exhaustive. There is a wide range of penalties associated with crimes of theft and property.

Fraud Defense in Salt Lake City

In Salt Lake City and throughout Utah, a criminal fraud charge can mean a number of things. Technically, fraud refers to the intentional misleading of a person with the intent of cheating them out of money or property. In actuality, a fraud charge is often something that prosecutors use when they don’t know what other charge to levy. In other cases, a business deal gone sour might result in fraud charges because the offended party doesn’t know how else to get what they deem to be restitution. If you are facing charges of fraud, embezzlement, or other white collar crimes, you need an experienced criminal defense attorney to help you make sure that your rights and your good name are protected.

Free Consultation with a Fraud Criminal Defense Lawyer

When you need legal help with a fraud charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Salt Lake City Utah

Drug Paraphernalia Defense

Durable Power of Attorney

Asset Protection Tips

Estate Litigation in Utah

Successful Child Custody Mediation

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Fraud Legal Defense in Utah

Fraud involves wrongful or criminal deception in order to personally gain, financially or otherwise. Fraud cases can be charged as felonies or misdemeanors, with penalties including fines, prison time, and jail time. The attorneys at Ascent Law have experience with both types of cases and are prepared to serve you. We have successfully had felonies reduced to misdemeanors and have even had cases dismissed completely.

Fraud allegations are sometimes a convenient way for people engaged in business with others to try to rescue some value from a business deal that “went bad.” The “wronged party” accuses the other of fraud as a way to use government prosecutors as bill collectors. The complaining witness assumes or expects that restitution will be part of a deal struck by the prosecution and the accused — resulting in recovery of at least some of the value that was allegedly lost through the bad deal.

What Constitutes “Fraud” in Utah?

In charges related to fraud, no matter what method of fraud is used, the same typical elements apply. First, there must be some sort of deception. This can occur in a few ways, any of which could constitute deception for a fraud claim: o Lying about some material fact; o Creating a falsified document; o Destroying or hiding a legitimate document; o Failing to turn over documents or information when required; o Filing an official record that is inaccurate or missing information; o Tampering with records; o Making a financial transaction you know will not work; o Paying money to get someone else to lie or avoid an obligation.

Second, this deception gives you some sort of benefit. This benefit is typically a financial benefit of some sort. For instance, you could gain property, money, or a real estate. Alternatively, the fraud may give you some non-economic benefit, such as a bargaining advantage, access, or some other benefit.

Consequences of a Fraud Conviction in Utah

Consequences for the conviction of fraud may potentially include: • Imprisonment • Probation or parole • Loss of the right to be bonded • Restitution (paid to the victims to compensate for any losses) • Court ordered counseling • Significant fines • Other

Punishment for Fraud Charges in Utah

Likelihood of any of the above consequences depends upon the following factors: • Prior similar convictions • Any other prior convictions • Currently on probation or parole • Attitude of community and court toward this type of crime • Degree of media attention on case • Mitigating/aggravating circumstances • Other

Defenses to Fraud Charges

Defenses to fraud may potentially include: • Insufficient evidence • Factual innocence • True owner • Other

Utah Fraud Defense

In many cases, there are limits on whether the deception is significant enough. An experienced fraud attorney can usually take advantage of these requirements to argue that the conduct you performed was not truly deceptive. Some of the fraud statutes have specific lines drawn as to when the deception is significant enough to be a crime.

First, the deception usually must be material. This means that the lie must somehow affect the victim or the benefit the actor is trying to receive. For instance, if a car salesman says the car has 2,000 miles, but modified the records and changed the odometer to hide the fact that the car had 100,000 miles on it, the lie would very heavily affect the purchaser’s decision. Alternatively, if the car salesman told the truth about the car, but said they once met a celebrity, that lie would not be material to the sale because it is unrelated.

Additionally, there is often room to allow for “puffing.” Sales pitches often involve somewhat exaggerated statements. These are allowed and do not necessarily constitute fraud. For instance, saying, “This car will make you happy,” is merely part of the sales pitch, and is not intended to be accepted as a true statement. Statements like this may not constitute fraud.

Fraud Defense Attorney in Utah

Fraud is a popular target for law enforcement, both at the state and federal levels. Various forms of fraud cost American taxpayers billions per year and Utah is no exception. However, fraud is often a case of big government (or big corporations) against the little man. There’s a lot of pressure on government agencies to cut fraud and also a lot of overlap between the various laws that allow for a single fraud charge to quickly snowball into epic proportions. Common type of frauds:

 Check Fraud In Utah: Probably the most well-known version of fraud, check fraud covers any instance of paying for something via check when you know you don’t (or won’t) have enough money for the check to be honored once it’s deposited. Utah offers a grace period in which you can repay the debt and avoid any criminal charges, but it’s not long.

 Investor Fraud In Utah: Investor fraud covers things like Ponzi schemes or real estate scams. Investor fraud is when someone fakes investment opportunities of any kind in order to tempt people to give them money. It’s important to note that even if you return the funds, you could still face criminal charges.

 Credit Card Fraud In Utah: Most people’s exposure to credit card fraud is usually via identity theft: someone steals someone else’s credit card information and uses it. This is a prime example of how a single action can be counted as multiple crimes, since it counts as both identity theft and credit card fraud. However, credit card fraud also covers crimes such as:

Trying to steal classified card information Falsely billing a credit card for goods or services Unlawfully transferring a credit card to another person Lying on a credit card application form

The Justice Department is cracking down on credit card fraud and has requested state governments to toughen the punishments for the crime. As a result, credit card fraud is often treated as a more serious offense than other forms of fraud.

 Bank Fraud In Utah: Whether you’re lying about your income to secure a loan or using someone else’s identity to steal money, that’s all bank fraud. Basically, any form of fraud that involves a bank can be grounds for bank fraud charges.

 Health Fraud In Utah: Sometimes confused disability fraud due to their occasional overlapping definitions, health fraud covers any attempt to receive money, goods, or services by lying about your health or the health of those in your care.

 Insurance Fraud In Utah: If you lie or cause someone else to lie in order to gain some form of illegal compensation (increase an insurance payout, for example, or get a better policy for less money), then you’ve committed insurance fraud. Given that insurance rarely deals in policies worth less than $1,500, this is nearly always a felony.

 Social Security Fraud In Utah: Social security fraud covers any attempt to mislead the Social Security Administration into granting or increasing benefits when the recipient doesn’t legally deserve them. This generally covers disability fraud as well.

How does one prove fraud in Utah?

Here is a court case which numbers the elements of fraud: “The elements of a fraud claim include the following:  a representation;  concerning a presently existing material fact;  which was false; (4)  which the representor either (a) knew to be false, or (b) made recklessly, knowing that he had insufficient knowledge upon which to base such representation;  for the purpose of inducing the other party to act upon it;  that the other party, acting reasonably and in ignorance of its falsity;  did in fact rely upon it;  and was thereby induced to act;  to his injury and damage.” Dugan v. Jones, 615 P.2d 1239, 1246 (Utah 1980) Fraud is almost always extremely difficult to prove. A couple of these elements require you to show what was going on in the fraudulent person’s head. You need to have enough extrinsic evidence to refute self-serving explanations of mistake and/or intent.

Theft and Fraud Crime Overview

Retail Theft/Shoplifting- §76-6-602 this occurs when a person does any of the following: • Knowingly takes possession of any merchandise displayed for sale with intent to permanently possess said merchandise without paying retail value; • Alters or removes any label or price tag in a retail establishment and attempts to buy said merchandise for less than retail value; • Transfers any merchandise in a retail establishment to another container with the intent of depriving the merchant of the retail value of merchandise; or • Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or • Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

Forgery-§70A-5-109 a person commits fraud when he or she makes a presentation that appears to comply with terms and conditions of a letter of credit, but a required document is forged, materially fraudulent, or would facilitate the material fraud by the issuer if honored. Identity Fraud- §76-6-1101 an actor is guilty of identify fraud when he or she intentionally uses or attempts to use another person’s personal information, whether alive or deceased, with fraudulent intent. Robbery-§76-6-301 a person is guilty of robbery when he or she illegally and purposefully takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by force, or fear, with intent to deprive the person of the property; or if he or she intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation

Aggravated Robbery- §76-6-302 a person is guilty of aggravated robbery if during the course of committing a robbery, he or she: • Uses or threatens to use a dangerous weapon; • Causes serious bodily injury upon another; or • Takes or attempts to take an operable motor vehicle Burglary-§76-6-202 a person can be found guilty of burglary if he or she enters or remains unlawfully in a building or any portion of a building with intent to commit: • A felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism. Utah Penalties for Theft and Fraud Crime For the mentioned offenses, the lightest sentence carries a penalty of up to one year in jail and $2,500 in fines. More serious offenses are punishable by up to 15 years imprisonment and $10,000 in fines. However, these penalties are not exhaustive. There is a wide range of penalties associated with crimes of theft and property.

Fraud Defense in Salt Lake City

In Salt Lake City and throughout Utah, a criminal fraud charge can mean a number of things. Technically, fraud refers to the intentional misleading of a person with the intent of cheating them out of money or property. In actuality, a fraud charge is often something that prosecutors use when they don’t know what other charge to levy. In other cases, a business deal gone sour might result in fraud charges because the offended party doesn’t know how else to get what they deem to be restitution. If you are facing charges of fraud, embezzlement, or other white collar crimes, you need an experienced criminal defense attorney to help you make sure that your rights and your good name are protected.

Free Consultation with a Fraud Criminal Defense Lawyer

When you need legal help with a fraud charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Salt Lake City Utah

Drug Paraphernalia Defense

Durable Power of Attorney

Asset Protection Tips

Estate Litigation in Utah

Successful Child Custody Mediation

Source: https://www.ascentlawfirm.com/fraud-legal-defense-in-utah/

[coming-from-hell]

Fraud Legal Defense in Utah

Fraud involves wrongful or criminal deception in order to personally gain, financially or otherwise. Fraud cases can be charged as felonies or misdemeanors, with penalties including fines, prison time, and jail time. The attorneys at Ascent Law have experience with both types of cases and are prepared to serve you. We have successfully had felonies reduced to misdemeanors and have even had cases dismissed completely.

Fraud allegations are sometimes a convenient way for people engaged in business with others to try to rescue some value from a business deal that “went bad.” The “wronged party” accuses the other of fraud as a way to use government prosecutors as bill collectors. The complaining witness assumes or expects that restitution will be part of a deal struck by the prosecution and the accused — resulting in recovery of at least some of the value that was allegedly lost through the bad deal.

What Constitutes “Fraud” in Utah?

In charges related to fraud, no matter what method of fraud is used, the same typical elements apply. First, there must be some sort of deception. This can occur in a few ways, any of which could constitute deception for a fraud claim: o Lying about some material fact; o Creating a falsified document; o Destroying or hiding a legitimate document; o Failing to turn over documents or information when required; o Filing an official record that is inaccurate or missing information; o Tampering with records; o Making a financial transaction you know will not work; o Paying money to get someone else to lie or avoid an obligation.

Second, this deception gives you some sort of benefit. This benefit is typically a financial benefit of some sort. For instance, you could gain property, money, or a real estate. Alternatively, the fraud may give you some non-economic benefit, such as a bargaining advantage, access, or some other benefit.

Consequences of a Fraud Conviction in Utah

Consequences for the conviction of fraud may potentially include: • Imprisonment • Probation or parole • Loss of the right to be bonded • Restitution (paid to the victims to compensate for any losses) • Court ordered counseling • Significant fines • Other

Punishment for Fraud Charges in Utah

Likelihood of any of the above consequences depends upon the following factors: • Prior similar convictions • Any other prior convictions • Currently on probation or parole • Attitude of community and court toward this type of crime • Degree of media attention on case • Mitigating/aggravating circumstances • Other

Defenses to Fraud Charges

Defenses to fraud may potentially include: • Insufficient evidence • Factual innocence • True owner • Other

Utah Fraud Defense

In many cases, there are limits on whether the deception is significant enough. An experienced fraud attorney can usually take advantage of these requirements to argue that the conduct you performed was not truly deceptive. Some of the fraud statutes have specific lines drawn as to when the deception is significant enough to be a crime.

First, the deception usually must be material. This means that the lie must somehow affect the victim or the benefit the actor is trying to receive. For instance, if a car salesman says the car has 2,000 miles, but modified the records and changed the odometer to hide the fact that the car had 100,000 miles on it, the lie would very heavily affect the purchaser’s decision. Alternatively, if the car salesman told the truth about the car, but said they once met a celebrity, that lie would not be material to the sale because it is unrelated.

Additionally, there is often room to allow for “puffing.” Sales pitches often involve somewhat exaggerated statements. These are allowed and do not necessarily constitute fraud. For instance, saying, “This car will make you happy,” is merely part of the sales pitch, and is not intended to be accepted as a true statement. Statements like this may not constitute fraud.

Fraud Defense Attorney in Utah

Fraud is a popular target for law enforcement, both at the state and federal levels. Various forms of fraud cost American taxpayers billions per year and Utah is no exception. However, fraud is often a case of big government (or big corporations) against the little man. There’s a lot of pressure on government agencies to cut fraud and also a lot of overlap between the various laws that allow for a single fraud charge to quickly snowball into epic proportions. Common type of frauds:

 Check Fraud In Utah: Probably the most well-known version of fraud, check fraud covers any instance of paying for something via check when you know you don’t (or won’t) have enough money for the check to be honored once it’s deposited. Utah offers a grace period in which you can repay the debt and avoid any criminal charges, but it’s not long.

 Investor Fraud In Utah: Investor fraud covers things like Ponzi schemes or real estate scams. Investor fraud is when someone fakes investment opportunities of any kind in order to tempt people to give them money. It’s important to note that even if you return the funds, you could still face criminal charges.

 Credit Card Fraud In Utah: Most people’s exposure to credit card fraud is usually via identity theft: someone steals someone else’s credit card information and uses it. This is a prime example of how a single action can be counted as multiple crimes, since it counts as both identity theft and credit card fraud. However, credit card fraud also covers crimes such as:

Trying to steal classified card information Falsely billing a credit card for goods or services Unlawfully transferring a credit card to another person Lying on a credit card application form

The Justice Department is cracking down on credit card fraud and has requested state governments to toughen the punishments for the crime. As a result, credit card fraud is often treated as a more serious offense than other forms of fraud.

 Bank Fraud In Utah: Whether you’re lying about your income to secure a loan or using someone else’s identity to steal money, that’s all bank fraud. Basically, any form of fraud that involves a bank can be grounds for bank fraud charges.

 Health Fraud In Utah: Sometimes confused disability fraud due to their occasional overlapping definitions, health fraud covers any attempt to receive money, goods, or services by lying about your health or the health of those in your care.

 Insurance Fraud In Utah: If you lie or cause someone else to lie in order to gain some form of illegal compensation (increase an insurance payout, for example, or get a better policy for less money), then you’ve committed insurance fraud. Given that insurance rarely deals in policies worth less than $1,500, this is nearly always a felony.

 Social Security Fraud In Utah: Social security fraud covers any attempt to mislead the Social Security Administration into granting or increasing benefits when the recipient doesn’t legally deserve them. This generally covers disability fraud as well.

How does one prove fraud in Utah?

Here is a court case which numbers the elements of fraud: “The elements of a fraud claim include the following:  a representation;  concerning a presently existing material fact;  which was false; (4)  which the representor either (a) knew to be false, or (b) made recklessly, knowing that he had insufficient knowledge upon which to base such representation;  for the purpose of inducing the other party to act upon it;  that the other party, acting reasonably and in ignorance of its falsity;  did in fact rely upon it;  and was thereby induced to act;  to his injury and damage.” Dugan v. Jones, 615 P.2d 1239, 1246 (Utah 1980) Fraud is almost always extremely difficult to prove. A couple of these elements require you to show what was going on in the fraudulent person’s head. You need to have enough extrinsic evidence to refute self-serving explanations of mistake and/or intent.

Theft and Fraud Crime Overview

Retail Theft/Shoplifting- §76-6-602 this occurs when a person does any of the following: • Knowingly takes possession of any merchandise displayed for sale with intent to permanently possess said merchandise without paying retail value; • Alters or removes any label or price tag in a retail establishment and attempts to buy said merchandise for less than retail value; • Transfers any merchandise in a retail establishment to another container with the intent of depriving the merchant of the retail value of merchandise; or • Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or • Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

Forgery-§70A-5-109 a person commits fraud when he or she makes a presentation that appears to comply with terms and conditions of a letter of credit, but a required document is forged, materially fraudulent, or would facilitate the material fraud by the issuer if honored. Identity Fraud- §76-6-1101 an actor is guilty of identify fraud when he or she intentionally uses or attempts to use another person’s personal information, whether alive or deceased, with fraudulent intent. Robbery-§76-6-301 a person is guilty of robbery when he or she illegally and purposefully takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by force, or fear, with intent to deprive the person of the property; or if he or she intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation

Aggravated Robbery- §76-6-302 a person is guilty of aggravated robbery if during the course of committing a robbery, he or she: • Uses or threatens to use a dangerous weapon; • Causes serious bodily injury upon another; or • Takes or attempts to take an operable motor vehicle Burglary-§76-6-202 a person can be found guilty of burglary if he or she enters or remains unlawfully in a building or any portion of a building with intent to commit: • A felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism. Utah Penalties for Theft and Fraud Crime For the mentioned offenses, the lightest sentence carries a penalty of up to one year in jail and $2,500 in fines. More serious offenses are punishable by up to 15 years imprisonment and $10,000 in fines. However, these penalties are not exhaustive. There is a wide range of penalties associated with crimes of theft and property.

Fraud Defense in Salt Lake City

In Salt Lake City and throughout Utah, a criminal fraud charge can mean a number of things. Technically, fraud refers to the intentional misleading of a person with the intent of cheating them out of money or property. In actuality, a fraud charge is often something that prosecutors use when they don’t know what other charge to levy. In other cases, a business deal gone sour might result in fraud charges because the offended party doesn’t know how else to get what they deem to be restitution. If you are facing charges of fraud, embezzlement, or other white collar crimes, you need an experienced criminal defense attorney to help you make sure that your rights and your good name are protected.

Free Consultation with a Fraud Criminal Defense Lawyer

When you need legal help with a fraud charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Salt Lake City Utah

Drug Paraphernalia Defense

Durable Power of Attorney

Asset Protection Tips

Estate Litigation in Utah

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Source: https://www.ascentlawfirm.com/fraud-legal-defense-in-utah/

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Fraud Legal Defense in Utah

Fraud involves wrongful or criminal deception in order to personally gain, financially or otherwise. Fraud cases can be charged as felonies or misdemeanors, with penalties including fines, prison time, and jail time. The attorneys at Ascent Law have experience with both types of cases and are prepared to serve you. We have successfully had felonies reduced to misdemeanors and have even had cases dismissed completely.

Fraud allegations are sometimes a convenient way for people engaged in business with others to try to rescue some value from a business deal that “went bad.” The “wronged party” accuses the other of fraud as a way to use government prosecutors as bill collectors. The complaining witness assumes or expects that restitution will be part of a deal struck by the prosecution and the accused — resulting in recovery of at least some of the value that was allegedly lost through the bad deal.

What Constitutes “Fraud” in Utah?

In charges related to fraud, no matter what method of fraud is used, the same typical elements apply. First, there must be some sort of deception. This can occur in a few ways, any of which could constitute deception for a fraud claim: o Lying about some material fact; o Creating a falsified document; o Destroying or hiding a legitimate document; o Failing to turn over documents or information when required; o Filing an official record that is inaccurate or missing information; o Tampering with records; o Making a financial transaction you know will not work; o Paying money to get someone else to lie or avoid an obligation.

Second, this deception gives you some sort of benefit. This benefit is typically a financial benefit of some sort. For instance, you could gain property, money, or a real estate. Alternatively, the fraud may give you some non-economic benefit, such as a bargaining advantage, access, or some other benefit.

Consequences of a Fraud Conviction in Utah

Consequences for the conviction of fraud may potentially include: • Imprisonment • Probation or parole • Loss of the right to be bonded • Restitution (paid to the victims to compensate for any losses) • Court ordered counseling • Significant fines • Other

Punishment for Fraud Charges in Utah

Likelihood of any of the above consequences depends upon the following factors: • Prior similar convictions • Any other prior convictions • Currently on probation or parole • Attitude of community and court toward this type of crime • Degree of media attention on case • Mitigating/aggravating circumstances • Other

Defenses to Fraud Charges

Defenses to fraud may potentially include: • Insufficient evidence • Factual innocence • True owner • Other

Utah Fraud Defense

In many cases, there are limits on whether the deception is significant enough. An experienced fraud attorney can usually take advantage of these requirements to argue that the conduct you performed was not truly deceptive. Some of the fraud statutes have specific lines drawn as to when the deception is significant enough to be a crime.

First, the deception usually must be material. This means that the lie must somehow affect the victim or the benefit the actor is trying to receive. For instance, if a car salesman says the car has 2,000 miles, but modified the records and changed the odometer to hide the fact that the car had 100,000 miles on it, the lie would very heavily affect the purchaser’s decision. Alternatively, if the car salesman told the truth about the car, but said they once met a celebrity, that lie would not be material to the sale because it is unrelated.

Additionally, there is often room to allow for “puffing.” Sales pitches often involve somewhat exaggerated statements. These are allowed and do not necessarily constitute fraud. For instance, saying, “This car will make you happy,” is merely part of the sales pitch, and is not intended to be accepted as a true statement. Statements like this may not constitute fraud.

Fraud Defense Attorney in Utah

Fraud is a popular target for law enforcement, both at the state and federal levels. Various forms of fraud cost American taxpayers billions per year and Utah is no exception. However, fraud is often a case of big government (or big corporations) against the little man. There’s a lot of pressure on government agencies to cut fraud and also a lot of overlap between the various laws that allow for a single fraud charge to quickly snowball into epic proportions. Common type of frauds:

 Check Fraud In Utah: Probably the most well-known version of fraud, check fraud covers any instance of paying for something via check when you know you don’t (or won’t) have enough money for the check to be honored once it’s deposited. Utah offers a grace period in which you can repay the debt and avoid any criminal charges, but it’s not long.

 Investor Fraud In Utah: Investor fraud covers things like Ponzi schemes or real estate scams. Investor fraud is when someone fakes investment opportunities of any kind in order to tempt people to give them money. It’s important to note that even if you return the funds, you could still face criminal charges.

 Credit Card Fraud In Utah: Most people’s exposure to credit card fraud is usually via identity theft: someone steals someone else’s credit card information and uses it. This is a prime example of how a single action can be counted as multiple crimes, since it counts as both identity theft and credit card fraud. However, credit card fraud also covers crimes such as:

Trying to steal classified card information Falsely billing a credit card for goods or services Unlawfully transferring a credit card to another person Lying on a credit card application form

The Justice Department is cracking down on credit card fraud and has requested state governments to toughen the punishments for the crime. As a result, credit card fraud is often treated as a more serious offense than other forms of fraud.

 Bank Fraud In Utah: Whether you’re lying about your income to secure a loan or using someone else’s identity to steal money, that’s all bank fraud. Basically, any form of fraud that involves a bank can be grounds for bank fraud charges.

 Health Fraud In Utah: Sometimes confused disability fraud due to their occasional overlapping definitions, health fraud covers any attempt to receive money, goods, or services by lying about your health or the health of those in your care.

 Insurance Fraud In Utah: If you lie or cause someone else to lie in order to gain some form of illegal compensation (increase an insurance payout, for example, or get a better policy for less money), then you’ve committed insurance fraud. Given that insurance rarely deals in policies worth less than $1,500, this is nearly always a felony.

 Social Security Fraud In Utah: Social security fraud covers any attempt to mislead the Social Security Administration into granting or increasing benefits when the recipient doesn’t legally deserve them. This generally covers disability fraud as well.

How does one prove fraud in Utah?

Here is a court case which numbers the elements of fraud: “The elements of a fraud claim include the following:  a representation;  concerning a presently existing material fact;  which was false; (4)  which the representor either (a) knew to be false, or (b) made recklessly, knowing that he had insufficient knowledge upon which to base such representation;  for the purpose of inducing the other party to act upon it;  that the other party, acting reasonably and in ignorance of its falsity;  did in fact rely upon it;  and was thereby induced to act;  to his injury and damage.” Dugan v. Jones, 615 P.2d 1239, 1246 (Utah 1980) Fraud is almost always extremely difficult to prove. A couple of these elements require you to show what was going on in the fraudulent person’s head. You need to have enough extrinsic evidence to refute self-serving explanations of mistake and/or intent.

Theft and Fraud Crime Overview

Retail Theft/Shoplifting- §76-6-602 this occurs when a person does any of the following: • Knowingly takes possession of any merchandise displayed for sale with intent to permanently possess said merchandise without paying retail value; • Alters or removes any label or price tag in a retail establishment and attempts to buy said merchandise for less than retail value; • Transfers any merchandise in a retail establishment to another container with the intent of depriving the merchant of the retail value of merchandise; or • Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or • Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

Forgery-§70A-5-109 a person commits fraud when he or she makes a presentation that appears to comply with terms and conditions of a letter of credit, but a required document is forged, materially fraudulent, or would facilitate the material fraud by the issuer if honored. Identity Fraud- §76-6-1101 an actor is guilty of identify fraud when he or she intentionally uses or attempts to use another person’s personal information, whether alive or deceased, with fraudulent intent. Robbery-§76-6-301 a person is guilty of robbery when he or she illegally and purposefully takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by force, or fear, with intent to deprive the person of the property; or if he or she intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation

Aggravated Robbery- §76-6-302 a person is guilty of aggravated robbery if during the course of committing a robbery, he or she: • Uses or threatens to use a dangerous weapon; • Causes serious bodily injury upon another; or • Takes or attempts to take an operable motor vehicle Burglary-§76-6-202 a person can be found guilty of burglary if he or she enters or remains unlawfully in a building or any portion of a building with intent to commit: • A felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism. Utah Penalties for Theft and Fraud Crime For the mentioned offenses, the lightest sentence carries a penalty of up to one year in jail and $2,500 in fines. More serious offenses are punishable by up to 15 years imprisonment and $10,000 in fines. However, these penalties are not exhaustive. There is a wide range of penalties associated with crimes of theft and property.

Fraud Defense in Salt Lake City

In Salt Lake City and throughout Utah, a criminal fraud charge can mean a number of things. Technically, fraud refers to the intentional misleading of a person with the intent of cheating them out of money or property. In actuality, a fraud charge is often something that prosecutors use when they don’t know what other charge to levy. In other cases, a business deal gone sour might result in fraud charges because the offended party doesn’t know how else to get what they deem to be restitution. If you are facing charges of fraud, embezzlement, or other white collar crimes, you need an experienced criminal defense attorney to help you make sure that your rights and your good name are protected.

Free Consultation with a Fraud Criminal Defense Lawyer

When you need legal help with a fraud charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Salt Lake City Utah

Drug Paraphernalia Defense

Durable Power of Attorney

Asset Protection Tips

Estate Litigation in Utah

Successful Child Custody Mediation

Source: https://www.ascentlawfirm.com/fraud-legal-defense-in-utah/

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Fraud Legal Defense in Utah

Fraud involves wrongful or criminal deception in order to personally gain, financially or otherwise. Fraud cases can be charged as felonies or misdemeanors, with penalties including fines, prison time, and jail time. The attorneys at Ascent Law have experience with both types of cases and are prepared to serve you. We have successfully had felonies reduced to misdemeanors and have even had cases dismissed completely.

Fraud allegations are sometimes a convenient way for people engaged in business with others to try to rescue some value from a business deal that “went bad.” The “wronged party” accuses the other of fraud as a way to use government prosecutors as bill collectors. The complaining witness assumes or expects that restitution will be part of a deal struck by the prosecution and the accused — resulting in recovery of at least some of the value that was allegedly lost through the bad deal.

What Constitutes “Fraud” in Utah?

In charges related to fraud, no matter what method of fraud is used, the same typical elements apply. First, there must be some sort of deception. This can occur in a few ways, any of which could constitute deception for a fraud claim: o Lying about some material fact; o Creating a falsified document; o Destroying or hiding a legitimate document; o Failing to turn over documents or information when required; o Filing an official record that is inaccurate or missing information; o Tampering with records; o Making a financial transaction you know will not work; o Paying money to get someone else to lie or avoid an obligation.

Second, this deception gives you some sort of benefit. This benefit is typically a financial benefit of some sort. For instance, you could gain property, money, or a real estate. Alternatively, the fraud may give you some non-economic benefit, such as a bargaining advantage, access, or some other benefit.

Consequences of a Fraud Conviction in Utah

Consequences for the conviction of fraud may potentially include: • Imprisonment • Probation or parole • Loss of the right to be bonded • Restitution (paid to the victims to compensate for any losses) • Court ordered counseling • Significant fines • Other

Punishment for Fraud Charges in Utah

Likelihood of any of the above consequences depends upon the following factors: • Prior similar convictions • Any other prior convictions • Currently on probation or parole • Attitude of community and court toward this type of crime • Degree of media attention on case • Mitigating/aggravating circumstances • Other

Defenses to Fraud Charges

Defenses to fraud may potentially include: • Insufficient evidence • Factual innocence • True owner • Other

Utah Fraud Defense

In many cases, there are limits on whether the deception is significant enough. An experienced fraud attorney can usually take advantage of these requirements to argue that the conduct you performed was not truly deceptive. Some of the fraud statutes have specific lines drawn as to when the deception is significant enough to be a crime.

First, the deception usually must be material. This means that the lie must somehow affect the victim or the benefit the actor is trying to receive. For instance, if a car salesman says the car has 2,000 miles, but modified the records and changed the odometer to hide the fact that the car had 100,000 miles on it, the lie would very heavily affect the purchaser’s decision. Alternatively, if the car salesman told the truth about the car, but said they once met a celebrity, that lie would not be material to the sale because it is unrelated.

Additionally, there is often room to allow for “puffing.” Sales pitches often involve somewhat exaggerated statements. These are allowed and do not necessarily constitute fraud. For instance, saying, “This car will make you happy,” is merely part of the sales pitch, and is not intended to be accepted as a true statement. Statements like this may not constitute fraud.

Fraud Defense Attorney in Utah

Fraud is a popular target for law enforcement, both at the state and federal levels. Various forms of fraud cost American taxpayers billions per year and Utah is no exception. However, fraud is often a case of big government (or big corporations) against the little man. There’s a lot of pressure on government agencies to cut fraud and also a lot of overlap between the various laws that allow for a single fraud charge to quickly snowball into epic proportions. Common type of frauds:

 Check Fraud In Utah: Probably the most well-known version of fraud, check fraud covers any instance of paying for something via check when you know you don’t (or won’t) have enough money for the check to be honored once it’s deposited. Utah offers a grace period in which you can repay the debt and avoid any criminal charges, but it’s not long.

 Investor Fraud In Utah: Investor fraud covers things like Ponzi schemes or real estate scams. Investor fraud is when someone fakes investment opportunities of any kind in order to tempt people to give them money. It’s important to note that even if you return the funds, you could still face criminal charges.

 Credit Card Fraud In Utah: Most people’s exposure to credit card fraud is usually via identity theft: someone steals someone else’s credit card information and uses it. This is a prime example of how a single action can be counted as multiple crimes, since it counts as both identity theft and credit card fraud. However, credit card fraud also covers crimes such as:

Trying to steal classified card information Falsely billing a credit card for goods or services Unlawfully transferring a credit card to another person Lying on a credit card application form

The Justice Department is cracking down on credit card fraud and has requested state governments to toughen the punishments for the crime. As a result, credit card fraud is often treated as a more serious offense than other forms of fraud.

 Bank Fraud In Utah: Whether you’re lying about your income to secure a loan or using someone else’s identity to steal money, that’s all bank fraud. Basically, any form of fraud that involves a bank can be grounds for bank fraud charges.

 Health Fraud In Utah: Sometimes confused disability fraud due to their occasional overlapping definitions, health fraud covers any attempt to receive money, goods, or services by lying about your health or the health of those in your care.

 Insurance Fraud In Utah: If you lie or cause someone else to lie in order to gain some form of illegal compensation (increase an insurance payout, for example, or get a better policy for less money), then you’ve committed insurance fraud. Given that insurance rarely deals in policies worth less than $1,500, this is nearly always a felony.

 Social Security Fraud In Utah: Social security fraud covers any attempt to mislead the Social Security Administration into granting or increasing benefits when the recipient doesn’t legally deserve them. This generally covers disability fraud as well.

How does one prove fraud in Utah?

Here is a court case which numbers the elements of fraud: “The elements of a fraud claim include the following:  a representation;  concerning a presently existing material fact;  which was false; (4)  which the representor either (a) knew to be false, or (b) made recklessly, knowing that he had insufficient knowledge upon which to base such representation;  for the purpose of inducing the other party to act upon it;  that the other party, acting reasonably and in ignorance of its falsity;  did in fact rely upon it;  and was thereby induced to act;  to his injury and damage.” Dugan v. Jones, 615 P.2d 1239, 1246 (Utah 1980) Fraud is almost always extremely difficult to prove. A couple of these elements require you to show what was going on in the fraudulent person’s head. You need to have enough extrinsic evidence to refute self-serving explanations of mistake and/or intent.

Theft and Fraud Crime Overview

Retail Theft/Shoplifting- §76-6-602 this occurs when a person does any of the following: • Knowingly takes possession of any merchandise displayed for sale with intent to permanently possess said merchandise without paying retail value; • Alters or removes any label or price tag in a retail establishment and attempts to buy said merchandise for less than retail value; • Transfers any merchandise in a retail establishment to another container with the intent of depriving the merchant of the retail value of merchandise; or • Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or • Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

Forgery-§70A-5-109 a person commits fraud when he or she makes a presentation that appears to comply with terms and conditions of a letter of credit, but a required document is forged, materially fraudulent, or would facilitate the material fraud by the issuer if honored. Identity Fraud- §76-6-1101 an actor is guilty of identify fraud when he or she intentionally uses or attempts to use another person’s personal information, whether alive or deceased, with fraudulent intent. Robbery-§76-6-301 a person is guilty of robbery when he or she illegally and purposefully takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by force, or fear, with intent to deprive the person of the property; or if he or she intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation

Aggravated Robbery- §76-6-302 a person is guilty of aggravated robbery if during the course of committing a robbery, he or she: • Uses or threatens to use a dangerous weapon; • Causes serious bodily injury upon another; or • Takes or attempts to take an operable motor vehicle Burglary-§76-6-202 a person can be found guilty of burglary if he or she enters or remains unlawfully in a building or any portion of a building with intent to commit: • A felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism. Utah Penalties for Theft and Fraud Crime For the mentioned offenses, the lightest sentence carries a penalty of up to one year in jail and $2,500 in fines. More serious offenses are punishable by up to 15 years imprisonment and $10,000 in fines. However, these penalties are not exhaustive. There is a wide range of penalties associated with crimes of theft and property.

Fraud Defense in Salt Lake City

In Salt Lake City and throughout Utah, a criminal fraud charge can mean a number of things. Technically, fraud refers to the intentional misleading of a person with the intent of cheating them out of money or property. In actuality, a fraud charge is often something that prosecutors use when they don’t know what other charge to levy. In other cases, a business deal gone sour might result in fraud charges because the offended party doesn’t know how else to get what they deem to be restitution. If you are facing charges of fraud, embezzlement, or other white collar crimes, you need an experienced criminal defense attorney to help you make sure that your rights and your good name are protected.

Free Consultation with a Fraud Criminal Defense Lawyer

When you need legal help with a fraud charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Salt Lake City Utah

Drug Paraphernalia Defense

Durable Power of Attorney

Asset Protection Tips

Estate Litigation in Utah

Successful Child Custody Mediation

from Michael Anderson https://www.ascentlawfirm.com/fraud-legal-defense-in-utah/