Economic Crime: A Prosecutor's HornbookNational District Attorneys Association, Economic Crime Project Center, 1974 - 84 sider A special edition of the Economic Crime Project Center's monthly newsletter. |
Vanlige uttrykk og setninger
10th Cir 2d Cir 8th Cir Aamco actions admissible advance fee advertising affirming the convictions agencies alleged appeal Association bad faith basis Better Business Bureaus Cases-Federal claims complaints consumer contract court credit card criminal customers debt consolidation deceptive defendants documents Economic Crime Project effect employee evidence fact false financial statements false representations federal filed franchise fraud investigator fraud losses fraudulent promoter fraudulent scheme Golubin home improvement honest HORNBOOK identifying igation indictment investigator's investment involved jury land law enforcement Learned Hand Lever Brothers loan mail fraud statute mail order material ment merchandise misrepresentations numerous obtained operation parol evidence rule persons Postal Inspection Service pretenses Procter and Gamble promises promoter interviews promoter's prosecution purchase purpose pyramid scheme records referral selling refunds sales pitch salesmen scheme to defraud secuted Supp swindle testified testimony transaction trial United vending machine victims witnesses
Populære avsnitt
Side 12 - Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises...
Side 12 - Service, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined not more than $1,000 or imprisoned not more than five years, or both.
Side 12 - ... for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Post Office Department, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail...
Side 10 - An intentional perversion of truth for the purpose of Inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right; a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury...
Side 15 - It was with the purpose of protecting the public against all such intentional efforts to despoil, and to prevent the post office from being used to carry them into effect, that this statute was passed...
Side 77 - A suspected person may be tested by being offered opportunity to transgress in, such manner as is usual therein, but may not be put under extraordinary temptation or inducement. Thus a morphine peddler usually deals with addicts. An officer, in testing a supposed peddler, may properly pretend to be an addict, with their common discomforts and craving for the drug, thus giving...
Side 47 - An article alone is not necessarily the inducement and compensation for its purchase. It is in the use to which it may be put, the purpose it may serve; and there is deception and fraud when the article is not of the character or kind represented, and hence does not serve the purpose.
Side 47 - puffing' might not be within its meaning (of this, however, no opinion need be expressed) ; that is, the mere exaggeration of the qualities which the article has : but when a proposed seller goes beyond that, assigns to the article qualities which it does not possess, does not simply magnify in opinion the advantages which it has, but invents advantages and falsely asserts their existence, he transcends the limit of 'puffing,' and engages in false representations and pretenses.
Side 63 - ... intent of the party Is matter in issue, it has always been deemed allowable, as well in criminal as in civil cases, to introduce evidence of other acts and doings of the party, of a kindred character, in order to illustrate or establish his Intent or motive in the particular act directly in judgment. Indeed, in no other way would it be practicable, in many cases, to establish such intent or motive...
Side 77 - Caiazza, and that defendants were thereafter encouraged in the perpetration of their criminal design by the officers. There is a distinction, however, between inducing a person to do an unlawful act and setting a trap to catch him in the execution of a criminal plan of his own conception.