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Mom2Lulu · 03-26-2009, 04:53 AM

Black's Law Dictionary defines fraud as:

1. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. Fraud is usually a tort, but in some cases (especially when the conduct is willful) it may be a crime. 2. A misrepresentation made recklessley without belief in its truth to induce another person to act. 3. A tort arising from a knowing misrepresentation, concealment of material fact, or reckless misrepresentation made to induce another to act to his or her detriment. 4. Unconscionable dealing; especially in contract law, the unconscientious use of the power arising out of the parties' relative positions and resulting in an unconscionable bargain.

actual fraud. A concealment or false representation through a statement or conduct that injures another who relies on it in acting. - Also termed fraud in fact; positive fraud; oral fraud.

wire fraud. An act of fraud using electronic communications, as by making false representations on the telephone to obtain money. The federal Wire Fraud Act provides that any artifice to defraud by means of wire or otherelectronic commnunications (such as radio or television) in foreign or interstate commerce is a crime.

*any would most likely include photos that misrepresent the dog. You would have to consult an atty on that.

fraudulent act. Conduct involving bad faith, dishonesty, a lack of integrity, or moral turpitude.

From: Fraud legal definition of Fraud. Fraud synonyms by the Free Online Law Dictionary.

Fraud must be proved by showing that the defendant's actions involved five separate 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, and (5) injury to the alleged victim as a result.

A misleading statement is more likely to be fraudulent when one party has superior knowledge in a transaction, and knows that the other is relying on that knowledge, than when the two parties possess equal knowledge. For example, if the seller of a car with a bad engine tells the buyer the car is in excellent running condition, a court is more likely to find fraud if the seller is an auto mechanic as opposed to a sales trainee. Misleading statements are most likely to be fraudulent where one party exploits a position of trust and confidence, or a fiduciary relationship.

When a person has a duty to speak, silence may be treated as a false statement. This can arise if a party who has knowledge of a fact fails to disclose it to another party who is justified in assuming its nonexistence.

Interstate fraud and fraud on the federal government are singled out for federal prosecution. The most common federal fraud charges are for mail and wire fraud. Mail and wire fraud statutes criminalize the use of the mails or interstate wires to create or further a scheme to defraud (18 U.S.C.A. §§ 1341, 1342).

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I would look into a "Notice of Fraud" letter, which basically is your warning to her that unless she refunds your original purchase price, and pays to have the dog shipped back you will be filing criminal fraud charges, potentially federal charges. I would check with the laws in Florida about the procedure to actually file them. It shouldn't be difficult, and is usually quite simple. You can pm me for more info. I am not an attorney, but stating what I would do in your situation.

03-26-2009, 04:53 AM	#55
Mom2Lulu Yorkie Yakker Join Date: Feb 2009 Location: Texas Posts: 74	Black's Law Dictionary defines fraud as: 1. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. Fraud is usually a tort, but in some cases (especially when the conduct is willful) it may be a crime. 2. A misrepresentation made recklessley without belief in its truth to induce another person to act. 3. A tort arising from a knowing misrepresentation, concealment of material fact, or reckless misrepresentation made to induce another to act to his or her detriment. 4. Unconscionable dealing; especially in contract law, the unconscientious use of the power arising out of the parties' relative positions and resulting in an unconscionable bargain. actual fraud. A concealment or false representation through a statement or conduct that injures another who relies on it in acting. - Also termed fraud in fact; positive fraud; oral fraud. wire fraud. An act of fraud using electronic communications, as by making false representations on the telephone to obtain money. The federal Wire Fraud Act provides that any artifice to defraud by means of wire or otherelectronic commnunications (such as radio or television) in foreign or interstate commerce is a crime. any would most likely include photos that misrepresent the dog. You would have to consult an atty on that. fraudulent act.* Conduct involving bad faith, dishonesty, a lack of integrity, or moral turpitude. From: Fraud legal definition of Fraud. Fraud synonyms by the Free Online Law Dictionary. Fraud must be proved by showing that the defendant's actions involved five separate 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, and (5) injury to the alleged victim as a result. A misleading statement is more likely to be fraudulent when one party has superior knowledge in a transaction, and knows that the other is relying on that knowledge, than when the two parties possess equal knowledge. For example, if the seller of a car with a bad engine tells the buyer the car is in excellent running condition, a court is more likely to find fraud if the seller is an auto mechanic as opposed to a sales trainee. Misleading statements are most likely to be fraudulent where one party exploits a position of trust and confidence, or a fiduciary relationship. When a person has a duty to speak, silence may be treated as a false statement. This can arise if a party who has knowledge of a fact fails to disclose it to another party who is justified in assuming its nonexistence. Interstate fraud and fraud on the federal government are singled out for federal prosecution. The most common federal fraud charges are for mail and wire fraud. Mail and wire fraud statutes criminalize the use of the mails or interstate wires to create or further a scheme to defraud (18 U.S.C.A. §§ 1341, 1342). __________________________________________________ ____ I would look into a "Notice of Fraud" letter, which basically is your warning to her that unless she refunds your original purchase price, and pays to have the dog shipped back you will be filing criminal fraud charges, potentially federal charges. I would check with the laws in Florida about the procedure to actually file them. It shouldn't be difficult, and is usually quite simple. You can pm me for more info. I am not an attorney, but stating what I would do in your situation. __________________ Live, Laugh, Love!