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Can criminal fraud exist without damages?
Security Deposit term (whether it is legal) in Rental Agreement in USCan the Feds not put Bank Executives (or their employees) in Prison for Fraud?Why a civil court can order damages for killing a person?Is there any way to recoup financial damages after spending everything you have on defense and being found innocent?How well can one know the rules in gambling before it's legally fraud?If the damages from a lawsuit force the defendant into bankruptcy, are they forgiven?Does being in DHS custody awaiting criminal prosecution count as “time served”?Can a landlord charge for pet rent without pets?Is Intentional Immaterial Fraud Legal?Would there be any legal risk to informing bank that you have been given an account number your believe is compromised?
If I fraud someone, invest their money and pay it back is there any criminal offense? Does fraud require damages? Will most judges realistically treat this a criminal case?
united-states
asked 1 hour ago
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If I fraud someone, invest their money and pay it back is there any criminal offense? Does fraud require damages? Will most judges realistically treat this a criminal case?
united-states
asked 1 hour ago
user24954user24954
111
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user24954 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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If you rob a bank, spend the money, win the lottery and pay it back, is it still a crime?
– Ron Beyer
1 hour ago
@RonBeyer your case is different, because the robber has not committed fraud, but theft. And yes, it would still be a crime, even if you pay the money back later.
– Shazamo Morebucks
1 hour ago
add a comment |
If I fraud someone, invest their money and pay it back is there any criminal offense? Does fraud require damages? Will most judges realistically treat this a criminal case?
united-states
asked 1 hour ago
user24954user24954
111
New contributor
user24954 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
If I fraud someone, invest their money and pay it back is there any criminal offense? Does fraud require damages? Will most judges realistically treat this a criminal case?
united-states
united-states
asked 1 hour ago
user24954user24954
111
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Check out our Code of Conduct.
asked 1 hour ago
user24954user24954
111
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asked 1 hour ago
user24954user24954
111
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user24954 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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asked 1 hour ago
user24954user24954
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asked 1 hour ago
user24954user24954
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111
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If you rob a bank, spend the money, win the lottery and pay it back, is it still a crime?
– Ron Beyer
1 hour ago
@RonBeyer your case is different, because the robber has not committed fraud, but theft. And yes, it would still be a crime, even if you pay the money back later.
– Shazamo Morebucks
1 hour ago
add a comment |
If you rob a bank, spend the money, win the lottery and pay it back, is it still a crime?
– Ron Beyer
1 hour ago
@RonBeyer your case is different, because the robber has not committed fraud, but theft. And yes, it would still be a crime, even if you pay the money back later.
– Shazamo Morebucks
1 hour ago
If you rob a bank, spend the money, win the lottery and pay it back, is it still a crime?
– Ron Beyer
1 hour ago
If you rob a bank, spend the money, win the lottery and pay it back, is it still a crime?
– Ron Beyer
1 hour ago
@RonBeyer your case is different, because the robber has not committed fraud, but theft. And yes, it would still be a crime, even if you pay the money back later.
– Shazamo Morebucks
1 hour ago
@RonBeyer your case is different, because the robber has not committed fraud, but theft. And yes, it would still be a crime, even if you pay the money back later.
– Shazamo Morebucks
1 hour ago
add a comment |
2 Answers
2
active
oldest
votes
If a person is wrongfully deprived of money (or something else of value) for a period, that damage, even if the money is later repaid. The victim might have used the money in some profitable or advantageous way during the period when it was taken. But the victim need not prove exactly how s/he might have profited, it is enough to show that the victim was wrongfully deprived of something of value.
Of course, there are other elements to fraud. There must have been a lie or deception, on which the victim reasonably relied. There must have been intent that the victim so relay. The deception must have been material and must have directly caused or led to the damage.
But assuming that all the elements of fraud are proved, restitution, even full restitution with interest, does not excuse the fraud.
However, as a practical matter, if offered full restitution on condition of a release or an agreement not to prosecute, many victims will choose to take it, preferring their money back, perhaps with interest, to a legal case, even a winning one.
answered 1 hour ago
David SiegelDavid Siegel
14.7k3058
add a comment |
You say "criminal fraud", if you mean exactly that, then no, returning the money, or offering even more money, will not be a defense.
You committed a crime and can be convicted for it even if you gave back more money than the complainant had "lost".
There may be a case for if someone initiated civil proceedings against you on the basis of fraud, since you can simply pay whatever damages that person may seek, and settle the claim.
answered 1 hour ago
Shazamo MorebucksShazamo Morebucks
2,9921827
add a comment |
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2 Answers
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2 Answers
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votes
If a person is wrongfully deprived of money (or something else of value) for a period, that damage, even if the money is later repaid. The victim might have used the money in some profitable or advantageous way during the period when it was taken. But the victim need not prove exactly how s/he might have profited, it is enough to show that the victim was wrongfully deprived of something of value.
Of course, there are other elements to fraud. There must have been a lie or deception, on which the victim reasonably relied. There must have been intent that the victim so relay. The deception must have been material and must have directly caused or led to the damage.
But assuming that all the elements of fraud are proved, restitution, even full restitution with interest, does not excuse the fraud.
However, as a practical matter, if offered full restitution on condition of a release or an agreement not to prosecute, many victims will choose to take it, preferring their money back, perhaps with interest, to a legal case, even a winning one.
answered 1 hour ago
David SiegelDavid Siegel
14.7k3058
add a comment |
If a person is wrongfully deprived of money (or something else of value) for a period, that damage, even if the money is later repaid. The victim might have used the money in some profitable or advantageous way during the period when it was taken. But the victim need not prove exactly how s/he might have profited, it is enough to show that the victim was wrongfully deprived of something of value.
Of course, there are other elements to fraud. There must have been a lie or deception, on which the victim reasonably relied. There must have been intent that the victim so relay. The deception must have been material and must have directly caused or led to the damage.
But assuming that all the elements of fraud are proved, restitution, even full restitution with interest, does not excuse the fraud.
However, as a practical matter, if offered full restitution on condition of a release or an agreement not to prosecute, many victims will choose to take it, preferring their money back, perhaps with interest, to a legal case, even a winning one.
answered 1 hour ago
David SiegelDavid Siegel
14.7k3058
add a comment |
If a person is wrongfully deprived of money (or something else of value) for a period, that damage, even if the money is later repaid. The victim might have used the money in some profitable or advantageous way during the period when it was taken. But the victim need not prove exactly how s/he might have profited, it is enough to show that the victim was wrongfully deprived of something of value.
Of course, there are other elements to fraud. There must have been a lie or deception, on which the victim reasonably relied. There must have been intent that the victim so relay. The deception must have been material and must have directly caused or led to the damage.
But assuming that all the elements of fraud are proved, restitution, even full restitution with interest, does not excuse the fraud.
However, as a practical matter, if offered full restitution on condition of a release or an agreement not to prosecute, many victims will choose to take it, preferring their money back, perhaps with interest, to a legal case, even a winning one.
answered 1 hour ago
David SiegelDavid Siegel
14.7k3058
If a person is wrongfully deprived of money (or something else of value) for a period, that damage, even if the money is later repaid. The victim might have used the money in some profitable or advantageous way during the period when it was taken. But the victim need not prove exactly how s/he might have profited, it is enough to show that the victim was wrongfully deprived of something of value.
Of course, there are other elements to fraud. There must have been a lie or deception, on which the victim reasonably relied. There must have been intent that the victim so relay. The deception must have been material and must have directly caused or led to the damage.
But assuming that all the elements of fraud are proved, restitution, even full restitution with interest, does not excuse the fraud.
However, as a practical matter, if offered full restitution on condition of a release or an agreement not to prosecute, many victims will choose to take it, preferring their money back, perhaps with interest, to a legal case, even a winning one.
answered 1 hour ago
David SiegelDavid Siegel
14.7k3058
answered 1 hour ago
David SiegelDavid Siegel
14.7k3058
answered 1 hour ago
David SiegelDavid Siegel
14.7k3058
answered 1 hour ago
David SiegelDavid Siegel
14.7k3058
14.7k3058
add a comment |
add a comment |
You say "criminal fraud", if you mean exactly that, then no, returning the money, or offering even more money, will not be a defense.
You committed a crime and can be convicted for it even if you gave back more money than the complainant had "lost".
There may be a case for if someone initiated civil proceedings against you on the basis of fraud, since you can simply pay whatever damages that person may seek, and settle the claim.
answered 1 hour ago
Shazamo MorebucksShazamo Morebucks
2,9921827
add a comment |
You say "criminal fraud", if you mean exactly that, then no, returning the money, or offering even more money, will not be a defense.
You committed a crime and can be convicted for it even if you gave back more money than the complainant had "lost".
There may be a case for if someone initiated civil proceedings against you on the basis of fraud, since you can simply pay whatever damages that person may seek, and settle the claim.
answered 1 hour ago
Shazamo MorebucksShazamo Morebucks
2,9921827
add a comment |
You say "criminal fraud", if you mean exactly that, then no, returning the money, or offering even more money, will not be a defense.
You committed a crime and can be convicted for it even if you gave back more money than the complainant had "lost".
There may be a case for if someone initiated civil proceedings against you on the basis of fraud, since you can simply pay whatever damages that person may seek, and settle the claim.
answered 1 hour ago
Shazamo MorebucksShazamo Morebucks
2,9921827
You say "criminal fraud", if you mean exactly that, then no, returning the money, or offering even more money, will not be a defense.
You committed a crime and can be convicted for it even if you gave back more money than the complainant had "lost".
There may be a case for if someone initiated civil proceedings against you on the basis of fraud, since you can simply pay whatever damages that person may seek, and settle the claim.
answered 1 hour ago
Shazamo MorebucksShazamo Morebucks
2,9921827
answered 1 hour ago
Shazamo MorebucksShazamo Morebucks
2,9921827
answered 1 hour ago
Shazamo MorebucksShazamo Morebucks
2,9921827
answered 1 hour ago
Shazamo MorebucksShazamo Morebucks
2,9921827
2,9921827
add a comment |
add a comment |
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If you rob a bank, spend the money, win the lottery and pay it back, is it still a crime?
– Ron Beyer
1 hour ago
@RonBeyer your case is different, because the robber has not committed fraud, but theft. And yes, it would still be a crime, even if you pay the money back later.
– Shazamo Morebucks
1 hour ago