Thursday, August 27, 2009

What is Fraud?

Ullja Kuntze, on her Online Fraud Investigation web sites, accuses various artisans of fraud.

What exactly is she accusing them of?
A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.
West's Encyclopedia of American Law, edition 2
Fraud consists of the following five elements:
  1. a false statement of a material fact
  2. knowledge on the part of the defendant that the statement is untrue
  3. intent on the part of the defendant to deceive the alleged victim
  4. justifiable reliance by the alleged victim on the statement
  5. injury to the alleged victim as a result
Tax fraud against the federal government consists of the willful attempt to evade or defeat the payment of taxes due and owing (I.R.C. §7201). Since tax records are private, Ullja Kuntze has no way to know if any of the artisans she's labeled "fraud" have engaged in tax fraud. Furthermore, non-compliance with local or state licensing does not constitute fraud. At times hobbyists transitioning into profit-making activities consult with local authorities, who fail to give full or correct information, which is easily remedied upon discovery. An innocent oversight is much different than a willful act of deception.

Ullja Kuntze's use of the word "FRAUD" may in and of itself be fraud, as she is engaged in making false statements about her competition with the knowledge that the statements are untrue, with the intent to deceive potential customers and thereby harm the artisan upon which the label of "fraud" has been affixed.

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