Essay On Statute Of Frauds

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.

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

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

3. Yes, it would have satisfied the Statute of Fraud. The writing on the register receipt is considered a written contract and evidence that there are agreements and terms for a

The Accounting Professional and Ethical Standards Board (APESB) is a characterised mark of accountancy profession that plays an important role to the accounting employees, helping them to understand and comply with their responsibilities recognised by the fundamental principles of ethics. Nevertheless, there has been a massive growth of financial employees acting unethical behaviour, resulting in an ongoing liability for the business organisation. Many entities particularly in Australia have been investigated for stimulating tax evasion such as the ‘Tax Fraud case of Carl William Wheeler’ in year 2008-2009 which was accused for using tax havens in UK for evading tax obligations. However, there are points of view within the structure of professional

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).

I believe that the Statute of Frauds is designed to prevent fraudulent claims of existence of a contract. I believe it makes it harder to make such a false or fraudulent claims by requiring the claimant to have proof other than just testimony that a contract existed before the claimant gets its day in court.

Worker's Compensation is a service that provides reimbursement for lost wages to employees who have sustained injuries from work or work-related tasks. It is also one of the services that is most often the victim of fraud. Each of the three types of fraud, claimant, employer, and provider, is defined by the same characteristics, outlined by the Ohio Board of Workers Compensation:

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.

Newham is a company that manufactures cosmetics as well as body-care products. Two of their largest customers are Target and Walmart. They are a publicly traded company with major competitors of Revlon, and Avon. Recently Newham has changed their CEO and CFO, and although they have experienced growth over the years there have been problems in regards to bonuses to upper management and the tactics used. They have also been plagued by a lawsuit, which suggests that Newham did not properly advertise a product; the result of that has led to allergic reactions by many of their consumers.

Proprietary education dates back to the late nineteenth century where institutions focused on professional training in teaching, medicine, and law (Breneman, Pusser, & Turner, S., 2000). The 1972 Higher Education Reauthorization Act included for-profit institutions in federal financial aid programs and changed the vernacular of higher education to postsecondary education (2000). This piece of legislation along with new technologies along with increased demand for higher education and prompted a resurgence of for-profit institutions in the latter half of the twentieth century (2000). From these changes, a new era of postsecondary education was born

On October 24, 2012 the Unites States of America filed a lawsuit against the Bank of America Corporation for selling toxic mortgages to Fanny Mae and Freddy Mac which cost the taxpayers more than $1 billion dollars. The lawsuit sought penalties under two laws; the False Claims Act, which is normally used to target fraud against the government, and the 1989 FIRREA Law. FIRREA does not usually hold up in court, but the government is once again relying on it because of the financial crisis as a possibility for targeting civil fraud concerning financial institutions. (Viswanatha, Aruna, 2013) (Stempel, Jonathan, 2012)

Robert Miller is a multi-billionaire who successfully manages a hedge fund along with his daughter, who is also the Chief Investment Officer of his company, Brooke Miller. Although his daughter believes that the business is going too well to be sold, she doesn’t know that her father is trying to cover an investment loss and is avoiding being arrested for fraud. Therefore Robert Miller is trying to sell the company to a major bank before his secrets are not only revealed to his investors but to his daughter as well. Brooke Miller does become suspicious as she continuously asks her father why four hundred million dollars is missing from the fund assets account. He constantly brushes her off suggesting how he will handle the mysteriously missing asset, therefore he is trying to stall until his business deal goes through.

On the other hand, civil fraud applies more broadly to circumstances where bad-faith is usually involved, and where the penalties are meant to punish the perpetrator and put the victim back in the same position before the fraud took place.