Sharp (fraud)

“ I've hated fraud as I hate all bad economy; I've no more patience with it than a bull with a red rag. Fraud is fraud; it's waste, it's wantonness, it's chaos; and I shall never give it the go-by. When I catch it, I shall hold it fast, and call all honest men to see how vile and drivelling a thing it is!"
Guest sat rigidly fixed, with his eyes on the carpet. "Do you expect to get your money?" he finally demanded.
"My money be hanged! I expect to let people know how they may be served if they intrust their affairs to you! A man's property, sir, is a man's person. ”

“ Was it to mislead him by holding out false hopes of consummating an arrangement by which his cotton-tie could be introduced into the market, and was this in order to secure the defendants themselves against competition? Deceit in effecting such a purpose lay at the basis of the action. But how can such a purpose by shown when it has not been avowed? Actual fraud is always attended by an intent to defraud, and the intent may be shown by any evidence that has a tendency to persuade the mind of its existence. ”

“ In the rulers.
how can the people be otherwise than fraudulent? If their strength is insufficient, they will have recourse to fraud. If their knowledge is insufficient, they will have recourse to deceit. If their means are insufficient, they will steal. ”

“ It is too obvious for comment that in all this the only use of the words fraud and fraudulent is to stigmatize acts which are adverse to the plaintiff's view of his own rights. But there is not a syllable which defines an act fraudulent in nature, or done or performed under the influence of corrupt motives, or by corrupt means, by the defendant or by any of the land officers who have had to deal with his claim. ”

“ If an agent defrauds the person with whom he is dealing, the principal, not having authorized or participated in the wrong, may, no doubt, rescind, when he discovers the fraud, on the terms of making complete restitution. ”

“ As we showed in the second paragraph of this opinion, the substantive crime here charged is the conspiracy to defraud the United States, punishable as a conspiracy. The fraud is an essential element. There can be no doubt that this crime, denounced by § 371, covers nonpecuniary or nonproperty frauds. ”

“ Perigo, but by the testimony of other witnesses; and the inference the prosecutors drew from this fraud was the existence of a powerful motive or temptation to commit a still greater crime, for the purpose of escaping the shame and punishment which must have attended the detection of the fraud; a fraud so gross, that it excited his surprise that any individual in that age and nation could be the dupe of it. ”

“ It amounts to this: "I have taken many bribes,—have falsified your accounts,—have reversed the principle of them in my own favor; I now discover to you all these my frauds, and think myself entitled to your confidence upon this occasion." Now all the principles of diffidence, all the principles of distrust, nay, more, all the principles upon which a man may be convicted of premeditated fraud, and deserve the severest punishment, are to be found in this case, in which he says he holds himself to be entitled to their confidence and trust. ”

“ In this connection the reader will recall the attitude of the inhabitants of Lilliput as chronicled by Gulliver.—"They look upon fraud as a greater crime than theft, and therefore seldom fail to punish it with death; for they allege that care and vigilance, with a very common understanding, may preserve a man's goods from theft, but honesty has no defence against superior cunning; ... the honest dealer is always undone, and the knave gets the advantage. ”

“ Fraud in law consists in acts which, though not fraudulently intended, yet as their tendency is to defraud creditors, if they vest the property of the debtor in his grantee, they are void for legal fraud, which is deemed tantamount to actual fraud, full evidence of fraud, and fraudulent in themselves, the policy of the law making the acts illegal. ”

“ Fast men (clerks, shopmen, and the like) , when they rob a till, steal a few pounds’ worth of goods, or even perpetrate a forgery, act in the most foolish way imaginable. In most cases they aid the task of their discovery, if they do not entirely lay open the secret of their crime.
The case I am describing illustrates one half of my theory, and shows the truth of an old saw which affirms that ill-gotten money does no good to the possessor.
The means of the fraud or forgery were procured by the criminal on the Monday afternoon. ”

“ It would seem obvious that the words in these provisions are, as ordinarily used, sufficiently broad to include within their scope the dissemination of false or misleading information with the intent to defraud. By sending emails he understood to contain material untruths, Lorenzo “employ [ed] ” a “device,” “scheme,” and “artifice to defraud” within the meaning of subsection (a) of the Rule, §10 (b) , and §17 (a) (1) . By the same conduct, he “engage [d] in a [n] act, practice, or course of business” that “operate [d] ... as a fraud or deceit” under subsection (c) of the Rule. ”

“ We have discovered cases of peonage and others have been brought to our attention, we have examined into many and obtained indictments and convictions, but how many cases are in existence is the same kind of a question as though the crime were pension fraud, or counterfeiting, or public land fraud, or fraud on the revenue. ”

“ In actions in which damages are claimed for fraud, the difficulties and obscurities which commonly arise are due rather to the complexity of modern commerce and the ingenuity of modern swindlers than to any uncertainty or technicality in the modern law. To succeed in such an action, the person aggrieved must first prove a representation of fact, made either by words, by writing or by conduct, which is in fact untrue. ”

“ In whom inveterate lust of fraudful gain is found.
They cannot walk steadfastly, according to rule, who eagerly desire to defraud others.
Kural - 287
Practice of fraud's dark cunning arts they shun,
Who long for power by 'measured wisdom' won.
That black-knowledge which is called fraud, is not in those who desire that greatness which is called rectitude. ”

“ But there are tricks and tricks, and what will be chuckled over by some businessmen as “a good stroke of business” may, if submitted to a jury, be pronounced a fraud, and it appears to me that people are becoming more exacting every day in their fine art dealings. ”

“ Shall sooner than a piece of good work be proffered to sell;
And our Englishmen be grown so foolish and nice,
That they will not give a penny above the ordinary price.
DISSIMULATION.
Faith, I cannot help thee: 'tis my fellow Fraud must pleasure thee.
Here comes my fellow Fraud: speak to him, and I'll do what I can.
Enter FRAUD.
ARTIFEX.
I beseech you be good unto me, right honest gentleman.
FRAUD.
Why and whereto? what wouldest thou have me do?
ARTIFEX.
That my poor estate you will so much prefer,
As to get me to be a workman to Lady Lucre;
And, sir. ”

“ If so grave a condemnation is to be passed on those who lend trust-money to speculators, as well as on the speculators who borrow it, what shall we say of the still more delinquent class who obtain loans by fraud—who not only pawn other men’s property when obtained, but obtain it under false pretences? For how else than thus must we describe the doings of those who raise money by accommodation-bills? ”

“ And thereupon the said defendants further excepted to the following matters or propositions of law contained in the said charge, to wit:
'We now come to the inquiry, whether the assignment is valid or void.
'It is alleged to be fraudulent in fact, and in law. Fraud, in fact, consists in the intention to prevent creditors from recovering their just debts, by any act which withdraws the property of a debtor from their reach; both parties must concur in the illegal intention. ”

“ To justify openly and directly a cheat, to justify a fraud upon an individual, is reserved for our times. But, good Heavens, what a justification have we here! Oh, my Lords, consider into what a state Indian corruption has brought us in this country, when any person can be found to come to the bar of the House of Lords and say, "I did cheat, I did defraud; I did promise, and gave my bond; I have now withdrawn it, but I will account for it to you as to a gang of robbers concerned with me in the transaction. ”

“ Some one has placed the money in my box which might be very easily done, as I scarcely ever lock it."
"I have suspected you for a long time," said one of the shopmen; "for no one is so likely to be guilty of fraud, as he who overacts the part of virtue."
Mr. Lucas now withdrew into the parlour, when he related the whole circumstances, and as soon as Mrs. Lucas heard the accusation of the shopman, she said, "Henry is innocent. He is the victim of another's treachery, and some plan must be adopted to detect the culprit. In my opinion the accuser is the guilty party, or at least an accomplice. ”

“ Justice Harlan, in delivering the opinion of the court, said: 'Such association justifies, if it does not imperatively require, the conclusion that the 'fraud' referred to in that section [33] means positive fraud, or fraud in fact, involving moral turpitude or intentional wrong, as does embezzlement; and not implied fraud, or fraud in law, which may exist without the imputation of bad faith or immorality. ”

“ But in the event of a purchaser presenting himself who had a fuller knowledge or might conceivably act as an inspector and report the fraud to the judge, there would be a just half shekel weight in the bag, a full cubit rule hidden behind the counter, a hin or an ephah measure of legal dimensions within easy reach. You may smile at such primitive methods of deception, but it requires many generations for a civilized society to elaborate commercial fraud on the large scale. ”

“ When those depraved people who (to use a vulgar phrase) live entirely by their wits—find that any tricks which they have practised for a certain length of time become stale, (such as pricking the belt for a wager, or dropping the ring) they abandon these; and have recourse to other devices more novel, and more likely to be effectual in cheating and defrauding the unwary.
One of the most prevailing and successful of these, is the fraud practised upon shop-keepers, tradesmen, publicans, and others, by the circulation of forged copper-plate notes and bills for small sums, of £5. ”

“ The fraudful forfeit life and being here below;
Who fraud eschew the bliss of heavenly beings know.
Even their body will fail the fraudulent; but even the world of the gods will not fail those who are free from fraud. ”

“ It will always be suspicious to use concealment from his colleagues and coördinates in office; but when, in a money transaction, any man uses concealment with regard to them to whom the money belongs, he is guilty of a fraud. My Lords, I have shown you that Mr. Hastings kept no account, by his own confession, of the moneys that he had privately taken, as he pretends, for the Company's service, and we have but too much reason to presume for his own. ”

“ So fraud is in essence the exception. By fraud we mean conscious wrongdoing, an intention to cheat or be dishonest. The decision of the department head, absent fraudulent conduct, must stand under the plain meaning of the contract. ”

“ To entitle themselves to relief, the complainants must prove fraud and damage; or, to state the principle less abstractly, they must show that their agent disposed of what he was employed to sell, for less than its value, and that he did this fraudulently. ”

“ In fact, the gravamen of the offense consists in the evil design with which the misapplication is made, and a count which should omit the words 'willfully,' etc., and 'with intent to defraud,' would be clearly bad. While it is entirely true that an allegation of fraud is insufficient, either in an indictment or in a bill in equity, without giving the particulars of the fraud, an intent to defraud is only to be gathered by the jury from all the facts and circumstances of the case. ”

“ His ‘friend’ by fraud obtained all the man had, and then, with malignant purpose, defamed the female to his dupe, having first reduced the man to beggary. All this, working on the barber, nearly upset his reason, and the victim raged in his agony, and the financier laughed at him, and fed sumptuously, daily; and, having previously obtained by double fraud, a signature to the effect that robbery was a legal loan, gloated over the misery he had caused, and denounced the victim himself had made. ”

“ If he is too late, he can only rely on his claim for damages, and in order to assert this claim it is necessary to prove that the misrepresentation was fraudulent. Fraud, in its wider sense of dishonest dealing, though not a distinct cause of action, is often material as preventing the acquisition of a right, for which good faith is a necessary condition. ”

“ If some temper had not been thrown into the case at first, there probably would not have been any charge of fraudulent intention. No one will be surprised from the proceedings in the cause, and the argument made upon it in this court, that its merits were lost sight of, in the effort made on the one side to establish fraud, and on the other to resist it. ”

“ Some of them swallow the bait and it has to be cut out of them before they will give it up. It is becoming so easy to gull some people, that the crime should consist in the betrayal of innocence rather than in the successful fraud. While guillible people continue to parade their guillibility to the world, there will always be frauds to take advantage of them. If anybody doubts the fact that people can be easily defrauded, let him visit any old book store, antique furniture dealer, oriental rug concern, even junk shops. ”