Also known as: defrauds · defrauded · defrauding · defraudation · defrauder · defrauders
Written by attorneys · grounded in primary & secondary sources — see below
Deceitful conduct that causes injury or loss to another person. The actor must intend to expose the victim to a risk of loss or to injure or disadvantage the victim through a false statement or instrument.
Devon Drake formed separate corporations for each of his retail locations and funded Cedar Shop with only minimal capital while transferring all revenues to his central entity. After an electrical fire injured a customer, the corporation had no assets to satisfy the judgment. Because Drake had not used the corporate form to defraud creditors, the court refused to pierce the veil and impose personal liability.
Denise Donovan signed a cell-phone contract containing an arbitration clause with a class-action waiver. She later claimed the carrier had deliberately misled customers about service charges in an effort to defraud them of small amounts. The court enforced the clause and rejected the unconscionability argument based on alleged fraud.
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Darrell Duncan was convicted of using the mail in a scheme to defraud investors. The sentencing judge treated the guidelines as mandatory and imposed a higher sentence based on facts not found by the jury. The Supreme Court held that the guidelines must be advisory to avoid constitutional error.
Dwight Dorsey bought Basic Inc. shares after the company issued statements denying merger talks. When the truth emerged, the stock price fell. Dorsey invoked the fraud-on-the-market theory, alleging that misleading statements had defrauded purchasers who relied on the integrity of the market price.
Diego Duarte, a White House aide, was indicted for conspiracy to defraud the United States. The special prosecutor subpoenaed presidential tapes containing conversations about the scheme. The Court ordered production, rejecting a claim of absolute executive privilege.
Deanna Davenport's apartment was searched without a warrant by federal agents who later claimed they had acted to prevent a scheme to defraud the government. She sued the agents directly for Fourth Amendment violations. The Court recognized an implied damages remedy against the officers.
The defendant must act with an intent to defraud, which is functionally equivalent to the specific intent to permanently deprive the owner of the property.
No. It is enough that the defendant intended to expose the victim to a risk of loss or to injure the victim in any way through the false statement.
The prosecution must prove that the defendant made or altered a writing that is false and did so with the intent to defraud.
No. The plaintiff must also show that the corporation was used to defraud creditors or was operated as the alter ego of its shareholders for their personal benefit.
…1, 1974, a grand jury returned an indictment charging seven named individuals with various offenses, including conspiracy to defraud the United States and to obstruct justice. Although not designated in the indictment, the grand jury named the President among others as an unindicted co-conspirator. On April 18, 1974,…