Quote:
Originally Posted by maddoggyusa
fraud is usually more about misrepresenting something and selling it. I know he's gaining something... but let's look at it the other way.
you have a legit claim and dealer denies it and won't repair. you can't file criminal charges. you file a civil suit. it's sort of the same reason they don't have debters prison anymore. you don't go to jail for filing bankruptcy even if you agreed to pay money and whatnot. filing for bankruptcy isn't a crime.
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You are comparing apples and oranges here.
Fraud is a deception deliberately practiced in order to secure unfair or unlawful gain (adjectival form
fraudulent; to
defraud is the verb).
[1] As a legal construct, fraud is both a civil wrong (i.e., a fraud victim may sue the fraud perpetrator to avoid the fraud and/or recover monetary compensation) and a criminal wrong (i.e., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities). Defrauding people or organizations of money or valuables is the usual purpose of fraud, but it sometimes instead involves obtaining benefits without actually depriving anyone of money or valuables, such as obtaining a drivers license by way of false statements made in an application for the same.
[2]
By lying you are trying to secure and unlawful gain, a warranty repair. Thus IMO fraud.
Also is you chose to lie during a bankruptcy you can be criminally charged and go to jail:
You could face criminal charges. Even worse, you could be charged criminally. You sign your bankruptcy schedules listing your assets under penalty of perjury, representing that they are true and accurate. The penalty for making a false statement or concealing property is a fine of up to $500,000 or imprisonment for up to five years, or both.