Sentences with phrase «by false representations»

Plaintiff LLC has stated claims that defendants fraudulently induced it to perform a real estate purchase agreement by false representations regarding the nature and amount of real estate taxes and special assessments, and acted to divert plaintiff's attention from the...

While a mis - categorisation may amount to misrepresentation and bad faith which would deprive the employee of the right subsequently to claim the benefits of employment, a genuine claim to self - employment, unaccompanied by false representations as to the

= > to the contrary I had no idea that my observation of reality was limited by false representations by non believers.

He eventually pleaded guilty to fraud by false representation, concealing criminal property, and unauthorized access to computer to facilitate the commission of an offense.

The charges set amount to conspiracy to commit fraud by false representation surrounding a fundraising in June 2008, and the same for a fundraising that took place in October 2008.

Fraud is dealt with in the Fraud Act 2006 which establishes three ways in which the offence can be committed: fraud by false representation, fraud by failing to disclose information and fraud by abuse of position.

The Fraud Act 2006 (FrA 2006) defines three classes of fraud: (i) by false representation; (ii) by failing to disclose information; and (iii) by abuse of position.

Barclays, Varley and Jenkins are separately charged with conspiracy to commit fraud by false representation in relation to the October 2008 capital raising, contrary to the Fraud Act 2006 and the Criminal Law Act 1977, and unlawful financial assistance contrary to the Companies Act 1985.

Barclays, Varley, Jenkins, Kalaris and Boath are charged with conspiracy to commit fraud by false representation in relation to the June 2008 capital raising under the Fraud Act 2006 and the Criminal Law Act 1977.

Most frauds by failing to disclose are frauds by a false representation.

In addition, Barclays, Varley and Jenkins are then accused of conspiracy to commit fraud by false representation in relation to an October 2008 capital raising.

Barclays, its former chief executive John Varley, and executives Roger Jenkins, Thomas Kalaris and Richard Boath are charged with conspiracy to commit fraud by false representation in relation to a June 2008 capital raising.

Not exact matches

«In soliciting investments in the Fake Funds, CASPERSEN made the following false representations to investors, among others: in recognition for his prior work with Park Hill Group, CASPERSEN had been offered a «friends and family» investment allocation in a security that was allegedly offered by a private equity firm; CASPERSEN was personally investing in the security, and offering it to his family and a limited number of friends; the investment was a credit facility secured by a portfolio of assets owned by one of the Legitimate Funds; the investor would receive quarterly interest payments, ranging from 15 to 20 percent; the investment was practically risk - free, as the loaned funds would remain in a bank account; the investor could withdraw the principal at any time with 90 days» notice; and investor funds should be wired to one of the Fake Fund Accounts.

Keep in mind, by fraud we mean creating fake campaigns or companies, which is different from the legal concept of fraud which focuses on false representation.

«Ultimately, whether a particular representation is false or misleading in a material respect is determined on a case - by - case basis,» Norris says.

(1) Any customer who enters into a contract with an invention promoter and who is found by a court to have been injured by any material false or fraudulent statement or representation, or any omission of material fact, by that invention promoter (any agent, employee, director, officer, partner, or independent contractor of such invention promoter), or by the failure of that invention promoter to disclose such information as required under subsection (a), may recover in a civil action against the invention promoter (or the officers, directors, or partners of such invention promoter), in addition to reasonable costs and attorneys» fees --

The use by the respondents of the aforesaid false, misleading and deceptive statements, representations and practices has had, and now has, the capacity and tendency to mislead members of the public into the erroneous and mistaken belief that said statements and representations were and are true and into the investment of substantial sums of money to participate in the respondents» multilevel marketing program and the purchase of substantial quantities of respondents» products by reason of said erroneous and mistaken belief.

«Again, respect of persons, in uncovering the head and bowing the knee or body in salutation, was a practice I had been much in the use of; and this, being one of the vain customs of the world, introduced by the spirit of the world, instead of the true honor which this is a false representation of, and used in deceit as a token of respect by persons one to another, who bear no real respect one to another; and besides this, being a type and a proper emblem of that divine honor which all ought to pay to Almighty God, and which all of all sorts, who take upon them the Christian name, appear in when they offer their prayers to him, and therefore should not be given to men; - I found this to be one of those evils which I had been too long doing; therefore I was now required to put it away and cease from it.

Or, one might say, it is the will to shatter the false scandal constituted by the absurdity of the mythological representation of the world by a modern man and to make apparent the true scandal, the folly of God in Jesus Christ, which is a scandal for all men in all times.

Whereas representation attempts to absorb simulation by interpreting it as false representation, simulation envelops the whole edifice of representation itself as a simulacrum.

In the past 18 months, about $ 475,000 has been paid in penalties by companies for making false representations about their food products.

I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use of the Content as authorised herein.

1) A false pretence is a representation of the existence of a state of facts made by a person, either with the knowledge that such representation is false or without the belief that it is true, and made with an intent to defraud.

The people believing in the said false representation parted with ownership of their properties (goats, sheep, Cow, monies etc) An Allegation by no mean a person other than a Minister of State can not be seen as a mere political gimmick and as such must be investigated and perpetrators prosecuted and if proven guilty jailed.

With so many scandals of corruption that effect and relate to constituents like me who have practically had to beg for proper representation with regard to honest, ethical city and state government leadership, I should not have to lose my pension, present and future because of false, fake and failed leadership — and the very public representatives who have collectively been the obstacle to fair labor practices and treatment, that now overshadow any corruption and misconduct by the Transit Authority and MTA.

The tone of the piece hints at the false dichotomy perceived by 38 Degrees: the howling, downtrodden masses vainly attempting to get their voices heard at the highest levels, ignored by dastardly Members of Parliament who are irritated by the representations they receive because it's keeping them from feeling up the intern in taxpayer - subsidised bars.

Woolas is accused by his Lib Dem opponent Elwyn Watkins of making false statements in his campaign literature, which if proven, would breach the 1983 Representation of the People Act.

The image shows sunlight that has been scattered by atomic hydrogen, shown as blue in this false - color representation.

We review published claims associated with our technical areas of research and point out false or misleading representations of science to help ensure public and commercial policies are guided by facts based on rigorous scientific exploration.

A credit services organization or a representative of the organization may not: (1) make or use a false or misleading representation in the offer or sale of the services of the organization, including: (A) guaranteeing to «erase bad credit» or words to that effect unless the representation clearly discloses this can be done only if the credit history is inaccurate or obsolete; and (B) guaranteeing an extension of consumer credit regardless of the person's credit history unless the representation clearly discloses the eligibility requirements for obtaining the extension; or (2) make, or advise a consumer to make, a statement relating to a consumer's credit worthiness, credit standing, or credit capacity that the person knows, or should know by the exercise of reasonable care, to be false or misleading to a: (A) consumer reporting agency; or (B) person who has extended consumer credit to a consumer or to whom a consumer is applying for an extension of consumer credit.

ICFE DCCS ® Independent Study Guide Table of Contents Consumer Financial Protection Bureau to oversee debt collectors Collection agencies and junk debt buyers - Mini-Miranda What to do if a debtor is contacted about past debts Sample cease and desist letter Fair Debt Collection Practices Act Summary from the CFPB Debt that is covered Debt Collectors that are covered Debt Collectors that are NOT covered Debt Collection for Active and Veteran Military Personnel Communications connected with debt collection When, where and with who communications is permitted Ceasing Communication with the consumer Communicating with third parties Validation of debts Prohibited Practices: Harassing or abusive Practices False or misleading representations Unfair Practices Multiple debts Legal Actions by debt collectors Furnishing certain deceptive forms Civil liability Defenses CFPB / FTC staff's commentary on the FDCPA Common debt collector violations How to document a collector's abusive behavior What to do if a collector breaks the law How collectors are trained - examples of collector training courses FDCPA Sample Exam from ACA for Collectors How collectors are using Social Medias in collections Dealing with creditors and third party collectors Other factors for a debtor in collection: Credit reports and scores Reviewing credit reports with debtors - Permissible uses Rules about credit decisions and notices Debtor education about credit reports and FICO scores Specialty Report Providers Rules to protect consumers in credit card debt How to read and understand credit reports How to make changes or dispute accuracy Freezing Credit Files FCRA / FACTA Provisions of ID Theft victims How credit scoring works The Credit Card Accountability and Disclosure Act Credit Rules CFPB rules establish strong protections for homeowners facing foreclosure Other Resources

Prohibited acts.A credit services organization, a salesperson, agent, or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization shall not: (1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services, other than those described in subdivision (2) of this section, which the credit services organization has agreed to perform for the buyer unless the credit services organization has obtained a surety bond or established and maintained a surety account as provided in section 45 - 805; (2) Charge a buyer or receive from a buyer money or other valuable consideration for obtaining or attempting to obtain an extension of credit that the credit services organization has agreed to obtain for the buyer before the extension of credit is obtained; (3) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public; (4) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including (a) guaranteeing to erase bad credit or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete and (b) guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit; (5) Engage, directly or indirectly, in a fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization; (6) Make or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit; or (7) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45 - 806 unless otherwise provided by the Credit Services Organization Act.

Lying to a creditor about the debtor's financial condition: obtaining money or credit by false pretenses, false representation or actual fraud, or by a credit application that is materially false and intended to deceive the creditor.

(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).

(4) To make or use a false or misleading representation in an offer to sell or a sale of the services of a credit services organization, including: (A) guaranteeing to «erase bad credit» or using words to that effect unless the representation clearly discloses that this can be done only if a person's credit history is inaccurate or obsolete; (B) guaranteeing an extension of credit regardless of the buyer's previous credit history unless the representation clearly discloses the eligibility requirements for obtaining the extension of credit; or (C) requiring a buyer to waive a right protected by a state or federal law.

any misrepresentations, including false or inaccurate information, or breach of representation or warranty made by you contained herein; or

Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property [more at link above]

18 U.S.C. § 1343 provides: «Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.»

For example, the only false pretensions here are the admitted phony representations made by the Greenpeace «investigators».

By the evidence, this representation is repeatedly and consistently false.

The Supreme Court of Canada in Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8, recently summarized the elements of the tort of civil fraud as follows: (1) a false representation made by the defendants; (2) some level of knowledge of the falsehood of the... Read More

Materials are classified by the primary causes of wrongful conviction: forensics / DNA, eyewitness identification, false confessions, jailhouse informants, police or prosecutorial misconduct and ineffective representation.

Product liability can involve a claim that a product manufacturer should be held liable for the personal injury of a victim who suffered from a defect in a product or from false representations made by the product manufacturer.

But, if a lawyer's client lies to the lawyer causing a representation made by the lawyer to end up being false, the lawyer may want to cease representing the client so that the lawyer does not end up innocently making a false statement that damages the lawyer's reputation in the future.

The Bylaw stipulates, «An applicant who makes any false or misleading representation or declaration on or in connection with an application for a licence, by commission or omission, is deemed thereafter not to meet, and not to have met, the requirements for the issuance of any licence under the Act.»

Simply ensuring that the obtaining of property or services by means of a false representation made to a machine is within the scope of the criminal law must be justification alone for the reform.

Acting in a range of smaller frauds prosecuted by the CPS usually based on alleged false representations or abuse of position in employer / employee relationships.

Its approach to tacking the challenges posed by SPAM, malware, spyware, false and misleading representations associated with electronic messages, and harvesting of electronic address and personal information, is comprehensive.

``... the tort of civil fraud has four elements, which must be proven on a balance of probabilities: (1) a false representation by the defendant; (2) some level of knowledge of the falsehood of the representation on the part of the defendant (whether knowledge or recklessness); (3) the false representation caused the plaintiff to act; (4) the plaintiff's actions resulted in a loss.»

The leading case on civil fraud in Canada is the Supreme Court of Canada decision in 2014 in Hryniak v. Mauldin, 2014 SCC 7, and in that case civil fraud is defined this way ``... the tort of civil fraud has four elements, which must be proven on a balance of probabilities: (1) a false representation by the defendant; (2) some level of knowledge of the falsehood of the representation on the part of the defendant (whether knowledge or recklessness); (3) the false representation caused the plaintiff to act; and (4) the plaintiff's actions resulted in a loss.»