Chapter 15 - Fraud
Chapter 15 - Fraud
TEAM: 38
Amisha K.C
Poornika Khadka
Ankita Gelal
Table of Content
1. Introduction
2. Causes of Fraud
3. Types of Fraud
4. Elements of Fraud - Poornika
5. Banking offences
6. Nepalese law- Ankita
7. National case laws
8. International case law- Amisha
FRAUD
Meaning
Fraud means dishonestly making a false (untrue or misleading)
representation with a view to gain or with intention to cause
loss. Although fraud is sometimes a crime in itself, more often
it is an element of crimes such as obtaining money by false
pretense or by impersonation.
Definition
.
a) Civil fraud
For example: lying on your income taxes is a type of civil fraud. Civil fraud
is punishable by fines or restitution, which involves paying the victim back..
b) Criminal fraud
.
1. Misrepresentation of a material fact.
2. Knowledge on the part of the accused that they were
misrepresenting the fact.
3. The misrepresentation was made purposefully, with the intent of
fooling the victim.
4. The victim believed the misrepresentation and relied upon it. 5.
The victim suffered damages as a result of the misrepresentation.
Banking Offence and Punishment Act, 2064
Section 12
Not to make a loss by making alteration in the account or ledger or by
committing forgery or fraud: No one shall, with a motive of self-benefit or
to cause loss or benefit to any other person, commit any forgery by an
action like tempering any matter written in Bank or Financial Institution's
any document or account or ledger whether by removing or by rewriting
the same to mean different sense or with a motive to loss other, commit
fraud by misleading others representing the untrue or non-existent facts to
be true or existent or by getting a document signed with an alteration in
the date, number or particular.
Cybercrime law
Chapter -9 Offence Relating To Computer
Section 52
To commit computer fraud: If any person, with an intention to commit
any fraud or any other illegal act, creates, publishes or otherwise provides
a digital signature certificate or acquires benefit from the payment of any
bill, the balance amount of anyone’s account, any inventory or ATM card
in connivance of or otherwise by committing any fraud, amount of the
financial benefit so acquired shall be recovered from the offender and be
given to the person concerned and such an offender shall be liable to the
punishment with a fine not exceeding one hundred thousand rupees or
with imprisonment not exceeding two years or with both.
Section 279 of Muluki Criminal Code 2074
Prohibition of committing fraud:
(1) No person shall commit, or cause to be committed, fraud.
(2) For the purposes of sub-section (1), a person who, with intent to disentitle any one,
expire the statute of limitation or appointed date for presence of, or cause, in any
manner, loss, damage, injury or benefit to, any one, knowingly does an act stating that
any thing has happened or been done which has not happened or been done in fact or
makes or signs a document containing a false date, figure or content or causes another
person to sign such document or showing that he or she has entitlement in any thing in
which he or she has no such entitlement in fact, which does not constitute the offence
of forgery, shall be considered to commit the offence of fraud.
(3) A person who commits, or causes to be committed, the offence
referred to in sub-section (1) shall be liable to a sentence of
imprisonment for a term not exceeding three years or a fine not
exceeding thirty thousand rupees or both the sentences.
Information contained in a financial record of a financial institution, or of a card issuer or contained in a file of a consumer reporting agency
on a consumer;
Information from any department or agency of the United States; or
Information from any protected computer;
Identity Theft Fraud (18 U.S.C. §§ 1028, 1028A7)
If you are convicted of identity theft fraud, you face up to 15 years in a federal prison, a fine
of up to $250,000 ($500,000 for an organization), or both.
Your face up to 20 years imprisonment if you commit identity theft while:
Facilitating a drug trafficking crime;
In connection with a crime of violence; or
After a prior conviction for identity theft;
You face a sentence of up to 40 years’ imprisonment if you commit identity theft to facilitate
an act of domestic or international terrorism.
Mass Marketing Fraud
You can be prosecuted for committing health care fraud if you knowingly and willfully
execute, or attempt to execute, a scheme to defraud or obtain by means of false pretenses
money or property from any health care benefit program such as Medicare and Medicaid.
Examples include over-billing for healthcare services and charging a patient for performing
unnecessary medical procedures.
If a federal court convicts you of health care fraud, you can be sentenced to serve up to 10
years in prison, a $250,000 fine ($500,000 for an organization), or both. If the violation
results in serious bodily injury, your sentence can double up to 20 years imprisonment. If
death occurs as result of committing health care fraud, you face life imprisonment.
National Case laws
1. Ratna Devi k.c. etal VS. sambhu bahadur k.c. etal..
2. Nawal kishwor Raya(राय) yadhav AKA dhuka raya yadhav VS. Mahendra Raya(राय) Yadhav