Statute Of Frauds: Case Study

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.

In the Hoffman Vs. Sun Valley Company case, where the Sun Valley Company won, despite there being an oral agreement. The prerequisite memorandum form for the sale of the Rudd Mountain property, was not signed to fully close the deal. Thus, the oral agreement was declared void by failure to comply with the statute of frauds.

The amount listed is the enrollment agreement was 10,020.00 which gives a difference of :

Facts: John Peck sold a piece of land to Robert Fletcher. Since the original sale from Peck was invalid, Peck committed a breach of contract.

On January 9, 2013, the DC Office of the Inspector General (OIG), forwarded an anonymous complaint from a concerned citizen to The Office of Program Review, Monitoring and Investigations (OPRMI), Fraud Investigation Divison (FID), alleging Lorenzo Thompkins is fraudulently receiving SNAP/Food Stamp benefits and Section 8 assistance. The complaint stated that Mr. Thompkins qualified for benefits by using the personal information of Carlese Shall, the mother of his daughter, who is incarcerated for homicide. The complaint also alleged that Mr. Thompkins is employed at the Blue Plains construction site, and resides at 4220 9th Street, S. E. but uses a Glass Manor, Maryland address. (Exhibit 1)

You did an excellent job answering this week’s discussion board question. You discuse4d several excellent way to identify possible indicator an employee may be involved in fraudulent activity. Being vigilant of changes in employees’ performance, behaviors, and habits is a key way to identify employees that may be involved in fraudulent activity. However, this also applies when considering hiring new employee, especially if they will be in direct contact with sensitive information. Pre-employment checks, such as credit checks and background checks, are ways to prevent form hiring employees that might commit fraudulent active. I also noticed that you mentioned that employees that don’t go on vacation very much or at all may indicate

Internal fraud consists in “a type of fraud that is committed by an individual against an organization. [Furthermore], a perpetrator of fraud engages in activities that are designed to defraud, misappropriate property, or circumvent the regulations, law, or policies of a company”[8]. Not only has the incidence of internal fraud increased in frequency because of the availability of sensitive information such as client details or confidential business documents; moreover, this type of fraud is found in various types of organizations, ranging from corporations, public service institutions and financial institutions. Our analysis will concentrate on the most common and prolific types of internal fraud, namely identity theft, insider trading, loan fraud and wire fraud. Interestingly, PriceWaterhouseCooper conducted a survey that revealed that the “demographics of a typical fraudster are as follows: males (85% of cases), 31-50 years (72% of cases), reached high-school level (50%), Bachelor’s or post graduate degree (50%) and middle or senior management (52%)”[9].

In this case, the next week, Pat moved into the house, begins living in it, and made substantial improvements. The improvement consisted of installing new carpets, window coverings, and a patio cover. The improvements, spanning a period of six (6) months, amounted to a cost of $8,000. With respect to a contract, Dan might argue that there was not a contract, or that the contract was outside the Statue of Frauds. However, any arguments to nullify the Statue of Frauds are not likely to be successful. In most instances courts attempt to find evidence that this defense is not supportable. Performance is more relevant in this case. A contract for the sale of real property will be enforceable if the buyer has taken possession and has made permanent improvements upon it. Of course, the extent of the improvements required for enforcement varies from jurisdiction

Graham I see that we disagree with whom should win the case, but I understand where you are coming from. Enterprise was paying and improving the property so it makes me wonder why Jane wanted to evict them after one year. Jane was probably trying to make a profit from someone else or selling the property. Yes business is business but morally she didn’t have to break the oral lease. Sometimes we need to go back to shaking hands and keeping our word. The textbook states, “That the Statute of Frauds requires certain contracts to be in writing and signed by the defendant to be enforceable against the defendant” (Lau, 2012, p. 187).

In this case, there are several conspirators who is involved in the fraud receiving punishment from either SEC or federal government. Robert Levin, the AMRE executive and major stockholder, and Dennie D.Brown, the company’s chief accounting officer, were subject to the punishment in the form of a huge amount of fine by the SEC and the federal government. This punishment came from reasons. After AMRE going public, the company have the obligation to publish its financial reports but its performance did not meet expectation. The investigation by SEC shows that Robert took the first step of this scam, fearing the sharp drop of AMRE’s stock price because of the poor performance of company. He abetted Brown, to practice three main schemes to present a false appearance of profitable and pleasant financial reports. Firstly, they instructed Walter W.Richardson, the company’s vice president of data processing, to enter fictitious unset leads in the lead bank and they originally deferred the advertising cost mutiplying “cost per lead” and “unset leads” amount, so that they deferred a portion of its advertising costs in an asset account. The capitalizing of advertising expenses allowed them to inflate the net income for the first quarter of fiscal 1988. Secondly, at the end of the third and fourth quarters of fiscal 1988, they added fictitious inventory to AMRE’s ending inventory records, and prepared bogus inventory count sheets for the auditors. Thirdly, they overstated the percentage

The Case Summaries for Phar-Mor Inc. Fraud, Waste Management Scandal, & Enron Scandal and Answers

Embezzlement seems to be a white collar crime that is victimless. However, when monies are embezzled from a non profit it affects all those involved especially those benefitting from the work of the nonprofit organization. I thought of our local community nonprofit arts foundation. They not only produce a full slate of shows each season, but also provide classes in painting, sculpting, drawing, acting, music, and dance. If they were defrauded in the amount of $93,000 it would affect educational programs and community outreach.

This is the case all about the oral contract between two parties for the sale of land. When Donald Warner made contract with his friend Sutton regarding the sale of his property, Sutton has to pay certain amount as a down payment and for 5 years Sutton can pay partial amount as installment basis to own the property. Sutton has been doing same thing by paying amount in monthly basis to Warner so that to transfer ownership of property within the period. All these contracts were made orally and there was not any written evidence for the contract of sale of land.

Children are one of the most precious gifts from God that an individual can receive. Since the lives of children are so important, parents do their best to take good care of their children during their youth because they are vulnerable to many diseases due to their weak immunity. Several children suffer from sickness early in their lives, but vaccinations could stop the sicknesses from occurring. The purpose of vaccines is to give an individual immunity to a disease before it has a chance of making him or her sick. Vaccines are composed of the same germs that causes the diseases, but the germs are dead or weakened so they will not cause people to become ill. A person’s immune system reacts to a vaccine in the same

The video “Cooking the Books” discussed the ZZZZ Best case of fraud, it tells how and why fraud was perpetrated by Barry Minkow and why it was undetected for so long. According to the video, ZZZZ Best was founded by Barry Minkow in 1982; when he was sixteen years old, it started as a carpet cleaning company. But, due to high competition in the industry, low entry barriers, and bad internal control, this young entrepreneur started to have cash flow problems, thus creating a shortage of working capital. As a result of the financial pressure, he started to commit fraud by creating false accounts receivable and sales, false documents (using photocopies of real