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Topic: Fraudulent

In the News (Thu 8 Jan 09)

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	Fraudulent Transfers Lawyers & Legal Information
		Violation of the fraudulent transfer laws is subject to civil and criminal liability.
		A fraudulent transfer is one in which the debtor moves assets in order to hide them to delay payment of debt or otherwise defraud a creditor.
		If a transfer is deemed fraudulent, then the transfer itself is voidable and the transferor, as well as any parties involved in the transfer, is subject to civil and criminal prosecution.
	www.legalmatch.com /law-library/article/fraudulent-transfers.html (418 words)

	Jack Murray Reference, Guaranties and Fraudulent Transfers (Site not responding. Last check: 2007-11-06)
		Fraudulent conveyances may also occur under the Uniform Fraudulent Conveyance Act ("UFCA") or the Uniform Fraudulent Transfer Act ("UFTA") because § 544 of the Code gives the debtor or the trustee the status of a creditor as of the date of the petition.
		State fraudulent conveyance statutes do not require that the transfer be made within one year prior to the filing of the petition in bankruptcy because the action is independent of bankruptcy.
		In either event, a fraudulent transfer may occur, under state law and/or under Section 548 of the Code, because the mortgagor (who has not received the proceeds) remains obligated for the debt or has encumbered the mortgaged premises as security for the loan and may not reasonably equivalent value.
	www.firstam.com /faf/html/cust/jm-guaranties.html (3142 words)

	Judicial activism causes crime.
		Fraudulent, or at least speculative, Supreme Court opinions contemporaneous with the surge in crime rates not only made it a lot harder to lock up criminals, they also supported many other causes of crime.
		Our judicial employees who made the fraudulent rulings, therefore, are responsible for the extra crimes just as surely as if they had driven the getaway car [14].
		Fraudulent obscenity rulings are discussed in Our Secular Papacy and Sacred Porn.
	ttokarnak.home.att.net /Crime.html (3287 words)

	CHAPTER 923a* UNIFORM FRAUDULENT TRANSFER ACT
		239 C. Where transferee of fraudulently transferred assets reconveys those assets to transferor and there is no claim that the assets depreciated in value between time of the fraudulent transfer and time of the reconveyance it was held that transferee may not be held liable for damages under Uniform Fraudulent Transfer Act.
		Transfer cannot be considered fraudulent if, at time of transfer, the transferred property is encumbered by valid liens exceeding its value because the property would no longer be considered an asset under this section and only assets may be transferred fraudulently.
		(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was insolvent.
	www.cga.ct.gov /2005/pub/Chap923a.htm (2335 words)

	What Do Fraudulent Telemarketers Sound Like? (Site not responding. Last check: 2007-11-06)
		In addition, many fraudulent telemarketers try to make their prospective victims believe that they genuinely care about the welfare and interests of the victims.
		The reality is that in the experience of law-enforcement and regulatory authorities who have investigated telemarketing fraud, fraudulent telemarketers know, when they contact their victims, that neither they nor their company will do anything to protect a victim's interests or to conduct an honest business transaction with a victim.
		One noteworthy feature of fraudulent telemarketers' efforts to obtain money from victims is the frequency with which they use the same techniques -- regardless of whether theirs is a charity scheme, investment scheme, prize-promotion scheme, or other scheme -- to try to persuade victims to send money.
	www.usdoj.gov /criminal/fraud/telemarketing/sound.htm (1401 words)

	Finkel & Altman, LLC - FRAUDULENT CONVEYANCES & PREFERENCES: WHY NOT DO THEM? (Site not responding. Last check: 2007-11-06)
		1994) (holding that the awarding of prejudgment interest in fraudulent transfer proceedings is not intended to be punitive, but to merely compensate the wronged creditor from deprivation of monetary value from the loss of payment of a monetary judgment).
		In some jurisdictions, however, an action for damages against the fraudulent grantee is authorized where the creditor possessed a lien on the property, and the lien was lost by the fraudulent conveyance.
		(1) knowingly and fraudulently conceals from a custodian, trustee, marshal or other officer of the court charged with the control or custody of property, or, in connection with a case under Title 11, from creditors or the United States Trustee, any property belonging to the estate of the debtor;.
	www.finkellaw.com /art_bankruptcy.htm (1825 words)

	Fraudulent Proceedings, Filings and Service
		Fraudulent Filings is committed when any person knowingly causes a public official or employee to file, record or deliver a fraudulent claim of indebtedness, common law lien or other lien, financial statement, complaint, summons, judgment, warrant or other legal process including those issued as the result of a fraudulent official proceeding.
		Fraudulent Service is committed when any person knowingly serves a public official or employee with a fraudulent claim of indebtedness, common law lien or other lien, financial statement, complaint, summons, judgment or other legal process, including those issued as a result of a fraudulent official proceedings.
		Second Offense Fraudulent Service is committed when any person knowingly serves a public official or employee with a fraudulent claim of indebtedness, common law lien or other lien, financial statement, complaint, summons, judgment or other legal process, including those issued as a result of a fraudulent official proceedings having previously been convicted of Fraudulent Service.
	www.state.wv.us /WVSCA/jury/crim/fraud3.htm (3582 words)

	Fraudulent Identification and Biography
		I think the use of fraudulent identity and biography is increasing in the United States, but apart from whether or not that is the case, the topic is well worthy of study.
		If fraudulent identity is increasing, I think to an important extent it can be understood as a function of expansions and contractions in opportunity structures associated with technology and the welfare state.
		If we combine whether or not fraudulent documents are used to gain access to playing a role with the quality of the role performance, we gain insight into the important issue of formal versus substantive legitimacy.
	web.mit.edu /gtmarx/www/fraudid.html (6995 words)

	November 16, 1998 - Specifics for fraudulent voting conviction. - Opinion No. 98-505 California Department of Justice - ... (Site not responding. Last check: 2007-11-06)
		Statements of admission alone are not sufficient to support a conviction for fraudulent voting of a person who unlawfully registers to vote or who, being unlawfully registered, votes in an election; however, slight or circumstantial evidence is all that is necessary to establish that a crime has been committed.
		Where a statute defining a specific intent crime employs the term "fraudulent" or "fraudulently" as a descriptor of a thing or action, it is usually accompanied with a particular expression of the intent that is required to be proved as an element of the offense.
		The second inquiry is whether the statute of limitations applicable to fraudulent voting commences upon the commission of the act, or upon the discovery of the act.
	caag.state.ca.us /opinions/published/98-505.htm (1989 words)

	[No title]
		As under the original Uniform Fraudulent Conveyance Act a transfer or obligation that is constructively fraudulent because insolvency concurs with or follows failure to receive adequate consideration is voidable only by a creditor in existence at the time the transfer occurs or the obligation is incurred.
		While the definition in the Uniform Fraudulent Conveyance Act did not explicitly refer to an involuntary transfer, the decisions under that Act were generally consistent with an interpretation that covered such a transfer.
		The measure of the recovery of a defrauded creditor against a fraudulent transferee is usually limited to the value of the asset transferred at the time of the transfer.
	www.law.upenn.edu /bll/ulc/fnact99/1980s/ufta84.htm (11907 words)

	PREPARED STATEMENT OFTHE FEDERAL TRADE COMMISSION ON "FRAUDULENT MARKETING SCHEMES"
		Fraudulent marketing schemes change over time, but they share one thing in common: they all involve the use of deceptive or unfair practices to separate consumers from their money.
		Many fraudulent operations use the telephone as the primary means of communicating with their victims.
		After the consumer pays anywhere from hundreds to tens of thousand of dollars to become a distributor or to receive the business plan, he or she learns that the revenue projections of the telemarketer were highly inflated and that the only people who make money through the business opportunity are the telemarketers themselves.
	www.ftc.gov /os/1998/02/greggtes.fin.htm (5282 words)

	Fraudulent Transfers
		The glitz and glamour of offshore trust planning has overshadowed the practical fact that most asset protection cases are won or lost by commercial litigators in post-judgment collection and enforcement hearings in the local state and federal courts.
		This website is meant to give an overview of the UFTA and fraudulent transfer law in general, but not to answer specific questions in a specific state as to what is or isn't a fraudulent transfer.
		The California Court of Appeals held that a transfer of real property from defendant Edward Cutter to his brother was not a fraudulent transfer because the transfer satisfied a debt, and adequate consideration was given.
	www.assetprotectionbook.com /fraudulenttransfers.php (1242 words)

	HAECKEL'S FRAUDULENT CHARTS (Site not responding. Last check: 2007-11-06)
		Lacking any scientific evidence for their conjectures, they recognize this is the only avenue open to them.
		Thus, according to His, there was no excuse for these fraudulent productions.
		His concluded by denouncing Haeckel as a fraud, and henceforth as eliminated from the ranks of scientific research as a worker.
	www.pathlights.com /ce_encyclopedia/17rec03.htm (1732 words)

	Organizational Culture and Fraudulent FinancialReporting
		Companies that issue fraudulent financial statements are more likely to engage in related-party transactions, to have founders that still exert major influence over the company, to employ fewer CPAs, and to exhibit a history of illegal violations.
		Firms that issue fraudulent financial statements are more likely to engage in related-party transactions, to have founders that still exert major influence over the company, to employ fewer CPAs, and to exhibit a history of illegal violations.
		The second hypothesis is that fraudulent financial reporting is not a company’s first foray into illegal behavior; that is, fraud companies are more likely to have a history of illegal corporate activities than nonfraud companies (see Exhibit 3).
	www.nysscpa.org /cpajournal/2003/0303/features/f032803.htm (1702 words)

	Definition of fraudulent - Merriam-Webster Online Dictionary
		Learn more about "fraudulent" and related topics at Britannica.com
		Find more about "fraudulent" instantly with Live Search
		See a map of "fraudulent" in the Visual Thesaurus
	www.m-w.com /cgi-bin/dictionary?book=Dictionary&va=fraudulent (36 words)

	Driver Safety Information - Guidelines Based on Fraudulent Activities
		To ensure issuance of licenses only to qualified applicants and to deter fraudulent activity, particularly among minors, the department will take action in fraud cases against the driving privilege of any person (minor or adult) when there is evidence of fraudulent activity.
		The department will revoke the driving privilege of any driver involved in fraudulent driver license activity, whether or not it is related to traffic safety, if there is evidence to support a department action.
		Traffic safety may be directly impacted when issuance of a fraudulent license allows a driver to circumvent sanctions against the driving privilege or when a fraudulent license is secured by an unqualified person.
	www.dmv.ca.gov /dl/driversafety/fraud_guideline.htm (771 words)

	Chapter 95 — Fraudulent Transfers and Conveyances
		A claim for relief with respect to a fraudulent transfer or obligation under ORS 95.200 to 95.310 is extinguished unless action is brought:
		ORS 95.200 to 95.310 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 95.200 to 95.310 among states enacting it.
		ORS 95.200 to 95.310 may be cited as the Uniform Fraudulent Transfer Act.
	www.leg.state.or.us /ors/095.html (2469 words)

	World Plus - Order re Fraudulent Conveyances
		The BRA defendants argue that the 1829 New York fraudulent conveyance statute was identical to the Alaska statute until it was changed in 1925 by New York's adoption of the UFCA.
		The issue of a judgment being a predicate to a fraudulent conveyance action was not argued, and Summers was in fact not a fraudulent transfer case per se, but a conspiracy case.
		One of the defenses raised was that the obligation of debtor to the bank was contingent at the time of the transfer, and depended upon whether collateral held by the bank was sufficient to satisfy the full debt of the bank.
	www.iciclesoftware.com /worldplus/Claims/WPOrderFraudConvey.html (2726 words)

	Scientific Community's Response to Evidence of Fraudulent Publication... [Peer review, July 13 JAMA. 1994;272:170-173] ...
		However, when alerted to the presence of fraudulent results in the literature, the scientific community responds by reducing the number of citations of the tainted articles.
		Before Slutsky's fraudulent activities were exposed (1979 to 1985), Slutsky articles and control articles received approximately the same number of citations.
		Sloppy fabrications may be screened out by editorial and peer review, but clever fabrications cannot be detected, except in the institution where the research is performed or when attempts to replicate the results fail or when laboratory notes, patient charts, and calculations are thoroughly reviewed by a critical and objective third party.
	www.ama-assn.org /public/peer/7_13_94/pv3111x.htm (2553 words)

	TITLE 34: CHAPTER 14 - FRAUDULENT CONVEYANCES (Site not responding. Last check: 2007-11-06)
		Every conveyance made and every obligation incurred by a person who is or will be thereby rendered insolvent is fraudulent as to creditors without regard to his actual intent if the conveyance is made or the obligation is incurred without a fair consideration.
		Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud either present or future creditors, is fraudulent as to both present and future creditors.
		(a) Where a conveyance or obligation is fraudulent as to a creditor, such creditor, when his claim has matured, may, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase, or one who has derived title immediately or mediately from such a purchaser:
	legisweb.state.wy.us /statutes/titles/title34/chapter14.htm (715 words)

	[No title]
		Defendant Ray L. Hunt (“Hunt”) is domiciled in the State of Texas, a resident of Addison, Texas, joined the Board of Directors of Halliburton in 1998, and is and/or was at relevant times the Chairman of the Compensation Committee and a member of the Audit and the Management Oversight Committees.
		Defendant Robert L. Crandall (“Crandall”) is domiciled in the State of Texas, a resident of Houston, Texas, joined the Board of Directors of Halliburton in 1986, and is and/or was at relevant times the Chairman of the Nominating and Corporate Governance Committee and a member of the Audit, the Compensation, and the Management Oversight Committees.
		Defendant William R. Howell (“Howell”) is domiciled in the State of Texas, a resident of Houston, Texas, joined the Board of Directors of Halliburton in 1991, and is and/or was at relevant times the Chairman of the Management Oversight Committee and a member of the Audit and the Compensation Committees.
	www.judicialwatch.org /cases/92/complaint.htm (4727 words)

	Internet Fraud (Site not responding. Last check: 2007-11-06)
		Fraudulent schemes often use the Internet to advertise purported business opportunities that will allow individuals to earn thousands of dollars a month in "work-at-home" ventures.
		In the meantime, the "seller" may have transferred his fraudulent proceeds to bank accounts beyond the effective reach of either the merchant or the consumer.
		Los Angeles In November, 1999, four individuals were criminally charged in the Central District of California for their roles in conducting a fraudulent scheme, in which they sent out approximately 50 million e-mails that falsely advertised work-at-home opportunities for people but provided few actual opportunities for people who paid the $35 advance fee.
	www.internetfraud.usdoj.gov /#What (4612 words)

	'Miracle' Health Claims: Add a Dose of Skepticism (Site not responding. Last check: 2007-11-06)
		Fraudulently marketed health products can keep people from seeking and getting treatment from their own healthcare professional.
		To report a product that you believe is fraudulently labeled, call your local FDA office.
		The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them.
	www.ftc.gov /bcp/conline/pubs/health/frdheal.htm (2092 words)

	Identity Theft Victims Guide
		Once you notify the credit bureaus about fraudulent accounts, the bureau is required to block that information from future reports.
		You might be able to obtain a report from your state’s Department of Motor Vehicles if your case involves fraudulent use of a driver’s license in your name.
		When you have resolved the fraudulent account with the creditor, ask for a letter stating that the company has closed the disputed account and has discharged the debts.
	www.privacyrights.org /fs/fs17a.htm (4143 words)

	YouTube - Stern Report is Fraudulent - Nigel Lawson (Site not responding. Last check: 2007-11-06)
		Join YouTube for a free account, or Login if you are already a member.
		Former Chacellor Nigel Lawson disects the Stern Report on Climate Change calling in fraudulent in an interview for 18 Doughty Street Talk TV.
		fraudulent 18doughtystreet nigellawson chancellor climatechange politics iaindale lawson sternreport talktv tv (more) (less)
	www.youtube.com /watch?v=cGm7f2qvnu0 (134 words)

	FDA Takes Action Against Fraudulent Devices (Site not responding. Last check: 2007-11-06)
		Health care practitioners are encouraged to contact FDA if they believe their patients have been harmed by fraudulent medical devices.
		Reports by practitioners and consumers are important for two reasons: they serve to alert FDA about specific fraudulent devices, and they are helpful to the agency when it takes action against the manufacturers of fraudulent devices.
		Also considered high priority are fraudulent devices that target especially vulnerable populations, such as the elderly or the hearing impaired.
	www.fda.gov /medbull/oct96/action.html (375 words)

	USATODAY.com - FDIC warns banks about fraudulent e-mails (Site not responding. Last check: 2007-11-06)
		The scam is the third one this year in which e-mails were sent to consumers that appeared to be from the FDIC, but weren't actually sent by the bank regulator.
		In the most recent case, the fraudulent e-mail claims the FDIC has collaborated with credit card providers to provide a new service for those who want to secure their credit cards against fraud and participate in a secure online transaction network, the FDIC said.
		"The e-mail was not sent by the FDIC and may be a fraudulent attempt to obtain personal information from consumers or to implant a computer virus onto the recipient's computer," the FDIC said.
	www.usatoday.com /tech/news/computersecurity/2004-04-23-fdic-email-fraud_x.htm (302 words)

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