|
Embezzlement
The illegal transfer of money or
property that, although possessed legally by the embezzler, is
diverted to the embezzler personally by his or her fraudulent
action. For example, an employee would embezzle money from the
employer or a public officer could embezzle money received during
the course of their public duties and secretly convert it to their
personal use.
Perjury
n. the crime of intentionally lying after
being duly sworn (to tell the truth) by a notary public, court clerk
or other official. This false statement may be made in testimony in
court, administrative hearings, depositions, answers to
interrogatories, as well as by signing or acknowledging a written
legal document (such as affidavit, declaration under penalty of
perjury, deed, license application, tax return) known to contain
false information. Although it is a crime, prosecutions for perjury
are rare, because a defendant will argue he/she merely made a
mistake or misunderstood.
Fraud
n. the intentional use of deceit, a trick or
some dishonest means to deprive another of his/her/its money,
property or a legal right. A party who has lost something due to
fraud is entitled to file a lawsuit for damages against the party
acting fraudulently, and the damages may include punitive damages as
a punishment or public example due to the malicious nature of the
fraud. Quite often there are several persons involved in a scheme to
commit fraud and each and all may be liable for the total damages.
Inherent in fraud is an unjust advantage over another which injures
that person or entity. It includes failing to point out a known
mistake in a contract or other writing (such as a deed), or not
revealing a fact which he/she has a duty to communicate, such as a
survey which shows there are only 10 acres of land being purchased
and not 20 as originally understood. Constructive fraud can be
proved by a showing of breach of legal duty (like using the trust
funds held for another in an investment in one's own business)
without direct proof of fraud or fraudulent intent. Extrinsic fraud
occurs when deceit is employed to keep someone from exercising a
right, such as a fair trial, by hiding evidence or misleading the
opposing party in a lawsuit. Since fraud is intended to employ
dishonesty to deprive another of money, property or a right, it can
also be a crime for which the fraudulent person(s) can be charged,
tried and convicted. Borderline overreaching or taking advantage of
another's naiveté involving smaller amounts is often overlooked by
law enforcement, which suggests the victim seek a "civil remedy"
(i.e., sue). However, increasingly fraud, which has victimized a
large segment of the public (even in individually small amounts),
has become the target of consumer fraud divisions in the offices of
district attorneys and attorneys general.
Theft
n. the generic term for all crimes in which
a person intentionally and fraudulently takes personal property of
another without permission or consent and with the intent to convert
it to the taker's use (including potential sale). In many states, if
the value of the property taken is low (for example, less than $500)
the crime is "petty theft," but it is "grand theft" for larger
amounts, designated misdemeanor or felony, respectively. Theft is
synonymous with "larceny." Although robbery (taking by force),
burglary (taken by entering unlawfully) and embezzlement (stealing
from an employer) are all commonly thought of as theft, they are
distinguished by the means and methods used and are separately
designated as those types of crimes in criminal charges and
statutory punishments.
Forgery
n. 1) the crime of creating a false
document, altering a document, or writing a false signature for the
illegal benefit of the person making the forgery. This includes
improperly filling in a blank document, like an automobile purchase
contract, over a buyer's signature, with the terms different from
those agreed. It does not include such innocent representation as a
staff member autographing photos of politicians or movie stars.
While similar to forgery, counterfeiting refers to the creation of
phony money, stock certificates or bonds which are negotiable for
cash. 2) a document or signature falsely created or altered.
Counterfeit
1) adj. describing a document,
particularly money, which is forged or created to look real and
intended to pass for real. 2) v. to criminally forge or print a
false copy of money, bonds, or other valuable documents, intending
to profit from the falsity. 3) n. shorthand for phony money passed
for real.
Extortion
n. obtaining money or property by threat
to a victim's property or loved ones, intimidation, or false claim
of a right (such as pretending to be an IRS agent). It is a felony
in all states, except that a direct threat to harm the victim is
usually treated as the crime of robbery. Blackmail is a form of
extortion in which the threat is to expose embarrassing, damaging
information to family, friends or the
public. |
