False Representation And Fraud (Section 17 Ca 1950)

Fraud is defined as the intentional deception or misrepresentation of facts that can result in unauthorized benefit or payment. Abuse is

Did Westby commit fraud? Fraud constitutes the making of false statements (1) with the knowledge of its falsity or reckless indifference to the truth (2) the intent that the listener relies on it (3) the result that the listener does so rely on it, and (4) the consequence that the listener is harmed.

The validity of an oral contract depends on the jurisdiction, in most cases they are treated like any written one, but some situations (such as when exchanging real property) may require physical evidence such as a written agreement to back up the oral one. For oral contracts to hold water (become enforceable) they must be done correctly, like making sure there is a witness to the deal-making.

Makes or uses any false writing or document knowing the same to contain any materially false, fictitious or fraudulent statement or entry;

Medicare payments rely heavily on proper coding of medical procedures and services provided during the delivery of care. Those services or processes are typically bundled, and therefore allocated as a bundling payment that receives a set amount of financial compensation for the organization. The Medicare statute maintains that the Secretary of Health and Human Services determines the fee schedule for diagnostics laboratory tests and Medicare regulations state that the hospitals must bill some of the tests as a group (Ohio Hospital Association, et. al. v. Shalala, 1997). The District Court case involved the failure to bundle seven tests, which accounted for higher Medicare reimbursements.

§1328-7b(b), the Federal False Claims Act, as well as various other federal and state laws and regulations.

For purposes of the Statement, fraud is an intentional act that results in a material

Permits private parties to file qui tam actions claiming that defendants defrauded the government (False Claims Act Overview, 2016).

Many states have implemented fraud and abuse statutes that require criminal misconduct to be reported to the appropriate government agency; False Claims and Anti-Kickback Acts are some examples of federal statutes that prohibit organization from withholding information from the federal government (Duke 23742). In order for the federal courts to streamline the policies and practices for violators of the laws and regulations, the United States Sentencing Commission established the Federal Sentencing Guidelines. The Federal Sentencing Guidelines are non-binding rules that provide a set of rules for federal court to consider when making decisions on a conviction to a violation of the law (“Federal Sentencing Guidelines”). Although, the guidelines

Henry Cheeseman defines statute of frauds as, “a state statute that requires certain types of contracts to be in writing” (p. 1309). By requiring certain types of contracts in writing it will decrease the amount of issues that can arise during the execution of the contract such as mistakes and fraudulent misrepresentation. It also makes certain the terms of the contact are not forgotten or misunderstood. If a mistake or some form of fraud was committed during the execution of the contract, it will allow one or both parties to rescind the contract. This essay will discuss whether or not Rudy will be successful at rescinding his contract with Hilary based on the statute of frauds.

1. The three aspects of fraud - Perceived pressure, Rationalization, and Opportunity were present in the CIT case as follows:

Statue of fraud requires that some contracts be in writing, so that the contracts can be enforced to satisfy order within the statue of fraud. Johnny and Mark both needed a lawnmower, and went to the salesmen together, which made them both liable for the contract. The salesman agreed to extend Johnny’s loan if Mark agreed orally agreed to pay the contract if Johnny defaulted. Under the Statues of fraud this would be called a collateral promise. Primary v. Secondary obligations! A promise to pay the debt if the primary does uphold the contract the contract then reverts to the secondary. Mark contracted to stand surety for Johnny.

Fraud is defined as a deliberate misrepresentation that causes a person or business to suffer damages, often in the form of monetary losses through deception or concealment. And Occupational Fraud as defined by the ACFE is the use of one’s occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization’s resources or assets. Traditional fraud triangle theory by Donald Cressey explains that propensity of fraud occurring in an organization lies on three critical elements which are Pressure, Opportunity, and Rationalization.

Cases of false affirmation occurred where the buyer was convinced to buy something by the false statements of the seller;

Financial statement fraud is any intentional or grossly negligent violation of generally accounting principles (GAAP) that is undisclosed and materially effects any financial statement. Fraud can take many forms, including hiding both bad and god news. Research shows that financial statement fraud us relatively more likely to occur in companies with assets of less than $100 million, with earnings problems, and with loose governance structures (Hopwood, Leiner, & Young, 2011).