Lastly, the court found that the debtor's omission of the bank account from his bankruptcy schedules didn't rise to the level
of fraudulent intent.
The reference to «legal justification or excuse» may provide a broader defence than the absence
of fraudulent intent in the access provision.
Not exact matches
On the second day
of deliberations, the jury asked what «
fraudulent intent» meant, and asked clarifying questions about the definition and scope
of assets under management.
«That you Mohammed Ahmed Katun while serving as an Assistant Director, Pension Department
of the Office
of Head
of Service
of the Federation on or about the 14th day
of August, 2009 within the jurisdiction
of this Honourable Court, obtained by false pretences and with
intent to defraud various sums
of money amounting in the aggregate to N24, 660,675.00 (Twenty Four Million, Six Hundred and Sixty Thousand, Six Hundred and Seventy Five Naira only) from the Federal Government
of Nigeria through the Pension Account held by the Office
of the Head
of Service
of the Federation
of Nigeria through
fraudulent payments described as collective allowances into your bank account maintained with Ecobank Nigeria Limited (former Oceanic International Bank Plc) and thereby committed an offence contrary to Section 1 (1)(a)
of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under Section 1 (3)
of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.»
The contract is likely not enforceable as written, given that the contract manifests
fraudulent intent, and is a contract
of adhesion with a gross disparity in the positions
of the parties.
However, whether or not a court will find specific
fraudulent «
intent» necessary for a denial
of discharge, is a highly fact - specific inquiry.
New York State law also prohibits the possession
of alcoholic beverages with the
intent to consume by a minor and makes it a crime to produce
fraudulent proof
of age.
I almost got bored, but was drawn back in when it became obvious that there was a clear IPCC
intent seemingly supported by the scientists themselves, to paint a
fraudulent picture
of past temperatures by the strange structuring
of the hokey - stick chart — it inferred a stable past temperature, but I knew it had been naturally oscillatory.
The courts have shown a surprising willingness to make findings
of «fundamental dishonesty» under CPR 44.16 reflecting an underlying
intent to penalise
fraudulent claimants.
Nowadays, staying ahead
of crooks and criminals
intent on
fraudulent activity often means collecting, storing and disclosing the penultimate type
of sensitive personal data available: basic biometrics.
A person's
intent to defraud and the
fraudulent act they commit are two
of the most important legal elements the government focuses on when attempting to convict accused individuals.
Section 9 creates an offence
of fraudulent business where a person «outside the reach»
of CA 1985, s 458 is knowingly a party to the carrying on
of a business with
intent to defraud creditors
of any person or for any other
fraudulent purpose.
Originally, the focus
of the
fraudulent trading offence was upon the running
of a company with the
intent to defraud creditors: as when directors, who are aware that the company is no longer solvent, continue to run up debts they will never be able to pay.
It contains an up - to - the - minute, detailed consideration
of the governing legal principles
of: Mareva injunctions;
fraudulent preferences; the admissibility
of subjective
intent and drafts in interpreting releases; and the test for summary judgment.
There are basically two kinds
of transactions covered, those with an
intent to defraud creditor which can be void even if you are solvent at the time, and those that are
fraudulent as a matter
of law without regard to
intent because they transfer property for less than reasonably equivalent value at a time when someone is, or imminently will be, insolvent.
Did the trial judge err by not assessing the requisite
fraudulent intent at the time
of the transactions?
• Determine
intent and origin
of fraudulent activities.
If you do not have the means nor the
intent to execute the terms and conditions
of a sale and you represent yourself as having such abilities and intentions, such are then simply
fraudulent representations.