It’s a poor definition because gift exchanges are strictly voluntary and non-reciprocal engagements. I’m not saying what he did was ok or even legal in other contexts. My only point is that I wouldn’t consider this fraud because the victims were not compelled to give. This isn’t a Nigerian prince scam where the victims were promised greater returns at a later date. These victims gave with the expectation of monetary loss.
They’re technically voluntary but also socially expected. I’m not sure about birthday gifts in particular but Japan is a country where if you go on holiday somewhere you’re expected to bring a gift for each of your coworkers, and people will think worse of you for not doing that. I’d be kind of surprised if omitting birthday gifts for your romantic partner without prior agreement is a real option.
It is materially different because a person with dementia can’t legally advocate for themselves so it is easier for an action against them to be considered a crime.
Seems to fit the official definition pretty neatly. Colloquially, I tend to agree with you, there’s a spectrum for fraud. But this still counts as fraud. It’s a fraudulent misrepresentation of the truth to convince others to part with something of value (a gift).
The fact that it’s a gift doesn’t change that this is fraud, only the severity of fraud in a legal sense.
image of text: there’s this cool alternative called text that doesn’t break the web or accessibility. linking to source & quoting text makes an altogether better web for everyone.
dictionary definition: not an official, legal definition.
Fraud in the sense that the guy is lying and profiting from it, sure. But the common / google definition of a word and the legal definition/ application of that word are two completely different things.
It’s a poor definition because gift exchanges are strictly voluntary and non-reciprocal engagements. I’m not saying what he did was ok or even legal in other contexts. My only point is that I wouldn’t consider this fraud because the victims were not compelled to give. This isn’t a Nigerian prince scam where the victims were promised greater returns at a later date. These victims gave with the expectation of monetary loss.
They’re technically voluntary but also socially expected. I’m not sure about birthday gifts in particular but Japan is a country where if you go on holiday somewhere you’re expected to bring a gift for each of your coworkers, and people will think worse of you for not doing that. I’d be kind of surprised if omitting birthday gifts for your romantic partner without prior agreement is a real option.
By that logic, fake fundraisers and romance scams shouldn’t be illegal either.
So, it’s not fraud if I tell my grandma with dementia that it’s my birthday once a week so she keeps giving me birthday checks?
Your grandma having dementia changes the formula a bit.
Not really, no. It’s still using deception for material gain through gift giving. Maybe it’s more of an extreme case, but I was being hyperbolic.
It is materially different because a person with dementia can’t legally advocate for themselves so it is easier for an action against them to be considered a crime.
Seems to fit the official definition pretty neatly. Colloquially, I tend to agree with you, there’s a spectrum for fraud. But this still counts as fraud. It’s a fraudulent misrepresentation of the truth to convince others to part with something of value (a gift).
The fact that it’s a gift doesn’t change that this is fraud, only the severity of fraud in a legal sense.
Fraud in the sense that the guy is lying and profiting from it, sure. But the common / google definition of a word and the legal definition/ application of that word are two completely different things.
Advertising and politics?
laws don’t apply to politicians.