3.16 Intent to Defraud-Defined is a legal term that refers to a person or group of people deliberately attempting to deceive another person or entity in order to gain an unfair or illegal advantage. This can include activities such as embezzlement, bribery, forgery, and money laundering. There are various types of intent to defraud, including common law fraud, criminal fraud, civil fraud, and statutory fraud. Common law fraud is the most basic type of fraud and involves an intentional misrepresentation of material facts with the intent to cause harm to another person or entity. Criminal fraud involves the use of deception or false pretenses to obtain money, services, or other things of value. Civil fraud is a type of fraud used to obtain money or other property through the use of deceit or false representation. Statutory fraud is a type of fraud that involves knowingly making false statements in connection with the sale or purchase of a product or service.
3.16 Intent to Defraud-Defined
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FAQ
"Intent to defraud" means to act knowingly and with a specific intent to deceive for the purpose of depriving another of the intangible right of honest services. Because intent to defraud is an element of honest services fraud, it follows that good faith on the part of a defendant is a complete defense to the charge.
"Intent to defraud" means to act knowingly and with a specific intent to deceive for the purpose of depriving another of the intangible right of honest services. Because intent to defraud is an element of honest services fraud, it follows that good faith on the part of a defendant is a complete defense to the charge.
To defraud broadly means trick or deceive someone at the expense of another for personal gain. In the legal sense, to defraud is to commit fraud that leads to civil or criminal liability. In civil litigation, allegations of fraud might be based on a misrepresentation of fact that was either intentional or negligent.
Finally, it is not necessary for the government to prove that any financial institution lost any money or property as a result of the scheme to defraud. An ?intent to defraud? means to act willfully and with the specific intent to deceive and cheat.
?Intent to defraud? is an element of both the misdemeanor (second degree) and felony (first degree) violations of Falsifying Business Records in New York.