fraud in law
Fraud that is presumed under the circumstances, as when a debtor transfers assets and thereby impairs creditors’ efforts to collect sums due. — Also termed constructive fraud.
Fraud that is presumed under the circumstances, as when a debtor transfers assets and thereby impairs creditors’ efforts to collect sums due. — Also termed constructive fraud.
Federal Computer Fraud and Abuse Act. A law establishing civil liability for gaining unauthorized access to a computer and causing damage to that computer. • Damage is statutorily defined to include harm to the computer’s data, programs, systems, and information either by compromising integrity or by impairing availability. — Abbr. FCFAA.
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ex fraude creditorum (eks fraw-dee kred-i-tor-[schwa]m). [Law Latin] Hist. On the ground of fraud toward creditors. • A preference could be set aside if it were made within 60 days of the bankruptcy filing.
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An act of fraud using the U.S. Postal Service, as in making false representations through the mail to obtain an economic advantage. 18 USCA §§ 1341–1347. [Cases: Postal Service 35. C.J.S. Postal Service and Offenses Against Postal Laws § 23.]
particeps fraudis (pahr-t[schwa]-seps fraw-dis). [Latin “an accomplice in the fraud”] Roman law. One who participates in a fraud, esp. by helping to deceive a debtor’s creditors. — Also termed conscius fraudis.
A promise to perform made when the promisor had no intention of performing the promise. — Also termed common-law fraud. [Cases: Fraud 12.]
Family law. In a community-property state, the deliberate hiding or fraudulent transfer of community assets before a divorce or death for the purpose of preventing the other spouse from claiming a half-interest ownership in the property.
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In a judicial proceeding, a lawyer’s or party’s misconduct so serious that it undermines or is intended to undermine the integrity of the proceeding. • Examples are bribery of a juror and introduction of fabricated evidence. [Cases: Federal Civil Procedure 2654; Judgment 372, 440. C.J.S. Judgments §§ 309, 319, 331, 465.]
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Patents. A defense in a patent-infringement action, attacking the validity of the patent on the grounds that the patentee gave the examiner false or misleading information or withheld relevant information that the examiner would have considered important in considering patentability. • The scope of prohibited acts is wider than that covered by common-law fraud, and
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