Category Archives: What is Fraud?

What is Fraud: Part 5

Continuing the series “What is Fraud?” (go to that category on this blog for earlier posts), and continuing the ‘badges of fraud,’ the next ‘badge’ is:

false statements as to consideration

False statements in consideration points up the false promise, or the way in which the fraud is going to con the victim out of their property.

In the example of the person who comes to the door claiming to be selling shoes (then takes your money and the shoes never arrive), the ‘false statement as to consideration’ is the con man’s statement that he will send the shoes.  If he knew he was never going to send the shoes, if that was just a false promise to get your money, that is a badge of fraud.

Let’s take another example. If a court demands a filing fee to “file” a case. Then it takes your money (much more than the price of most shoes – let’s say $550), but intends never to have the case ruled upon by judge(s), that is a false promise as to consideration.  You believe that by filing your case and paying the filing fee that the court will rule on the case.  (Your justification for believing that will be discussed in later posts.)

Your money is taken based on the belief that your case will be heard.  The court had an opportunity to, but failed to disclose that the case would never be heard.  In that situation, the fraud is by silence (you are not told that there is a shadow system that sidelines cases, and you are not told that case your case has been sidelined – when that occurs), and by gesture (the clerk nods and receives the papers and the money, implying you have filed a ‘case’ or motion, or writ).

You leave, having paid your money (not to mention the time and attorney fees already spent on the paperwork), believing the false statement as to consideration: that your case will be ruled upon by a judge(s).

In this situation, the failure, the refusal to tell you before you pay your money that the case is not going to be decided by judge(s), is a false statementby omission as to consideration.

three white people hear see speak no evil

May 16, 2013.  No derivative works are authorized by copyright holder(s).

What is Fraud: Part 3

This continues the important series:  what is fraud?   The following sentences continue the Black’s Law Dictionary (Sixth Ed., West Publishing Company 1990) definition from the previous 2 posts in the series:

Anything calculated to deceive, whether by a single act or combination or by suppression of truth, or suggestion of what is false, whether it be by direct falsehood or innuendo, by speech or silence, word of mouth or look or gesture. A generic term, embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to get advantage over another by false suggestion, trick, cunning, dissembling, and any unfair way by which another is cheated.

To my studied understanding, the term “silence” in the above defintion is sometimes referred to as fraud by omission.

Of course, all lawyers and judges know the above due to their training  (see my other series, What is an Attorney?).  Non-lawyers may also be interested in the above.  Some people might want to consult their attorney for more information.

Speaking of looks and gestures – why does the ‘video’ of MN Supreme Court sessions not show the faces of the judges?  Doesn’t the public have a right to see their looks and gestures?

I see no rule requiring lawyers and parties who appear in the Supreme Court to fill out a form.  If someone can point me to the rule, I will be happy to review it.

white person with glasses on stack of books