Also known as: flimflam · flim-flams · flimflams · swindle · confidence trick · fraud
Written by attorneys — see sources below.
A scheme by which another is tricked for money through deception.
Felipe Figueroa dressed as a meter reader and told Frederick Ferguson he needed to inspect the basement for a supposed leak. Once inside the home at night, Figueroa stole valuables. The entry by this deceptive scheme satisfied the constructive breaking element.
Flora Ford sold a home to Felicity French after promising in the contract to repair the roof. At closing the deed omitted the promise. When French later discovered the unrepaired roof, the fraud exception allowed her suit despite merger of the contract into the deed.
Farah Fox sued Fidelity Trust alleging the bank tricked her into a loan through false statements about interest rates. The complaint listed the exact dates, speakers, and documents containing the misrepresentations, satisfying the particularity requirement.
Francesca Fowler learned her client planned to use her services to execute a flim flam that would defraud investors. After advising the client of the limits on assistance, Fowler withdrew from the representation.
Falcon Dynamics was undercapitalized and its owner commingled funds to run a flim flam that defrauded suppliers. The court disregarded the corporate form because adherence would sanction the fraud.
After Flora Ford's death, her nephew alleged the will was procured by a flim flam in which the beneficiary lied about the testator's health. The contestant bore the burden of proving fraud.
Flim flam is a confidence game that tricks the victim into voluntarily parting with money through a deceptive scheme.
Yes. A lawyer who assists a client in committing or furthering a flim flam faces discipline for engaging in conduct involving dishonesty or fraud.
The circumstances constituting the fraud must be stated with particularity, including the who, what, when, and how of the deceptive scheme.
…the law was to " discriminate against hippies.'" 413 U. S., at 534. The asserted governmental interest in preventing food stamp fraud was not deemed sufficient to satisfy rational basis review. Id. , at 535-538. In Eisenstadt v. Baird , 405 U. S. 438, 447-455 (1972), we refused to sanction a law that discriminated…