einheitlicher Betrug
English translation: concurrence of fraudulent acts
| 12:23 Dec 5, 2011 |
| German to English translations [PRO] Law/Patents - Law (general) | |||||||
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|  Selected response from: Kim Metzger Mexico Local time: 05:34 | ||||||
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| Summary of answers provided | ||||
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| 3 +1 | concurrence of fraudulent acts |
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| 4 | a single act of fraud |
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| 3 | unitary act of serial fraud |
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| 2 | concerted fraud |
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| Discussion entries: 2 | |
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Answers
57 mins confidence: 
concerted fraud Explanation: "Wörterbuch der Rechts- und Wirtschaftssprache" (Romain/Byrd/Thielecke) offers "concerted" as one possibility for "einheitlich". There are a number of potentially interesting Google hits for "concerted fraud". This may be a possible avenue for further investigation. |
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2 hrs confidence: peer agreement (net): +1
peer agreement (net): +1concurrence of fraudulent acts Explanation: Maybe. Tateinheitlich – concurrence of offences committed through a single act and allowing joinder of charges Taschenwörterbuch Recht – R. Lister/K. Veth from Contract Law in the USA Courts who apply the rule to fraud claims commonly distinguish between fraud in the inducement of the contract and fraud in its performance. Fraud in the inducement involves misrepresentation made before or during the formation, where those representations cause the hearer to enter into the contract. Fraud in the performance occurs when one party makes a misrepresentation after the contract has been formed, in the course of her performance under the contract. http://tinyurl.com/7m8e8ab In other recent construction cases the City’s attorneys have asserted both fraud in the inducement and fraud in the performance of contract as defenses and counterclaims, and sought to recoup the money that the City paid the contractor for completed and accepted work. Lower courts have accepted the City’s arguments and allowed the City to pursue recoupment even though the City contract provides for specific alternative penalties for the purported fraud. http://www.pecklaw.com/PDF_files/Client_Alert-Fraud.pdf What is Fraudulent Misrepresentation? Misrepresentation in general is a legal term that means "a false statement of fact that has the effect of inducing someone into a contract." For example, telling someone a stereo is "practically new" so that they buy it, when it is in fact 5 years old and heavily used. Fraudulent misrepresentation is one of the three recognized varieties of misrepresentations in contract law. Basically, it means that you not only lied or misrepresented something about a transaction, but that you did it on purpose, in order to trick the other party. Therefore, it is the most serious of all the types of misrepresentation and has the worst penalties. http://www.legalmatch.com/law-library/article/fraudulent-mis... |
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3 hrs confidence:
a single act of fraud Explanation: To distinguish it from concurrent offences - Tateinheit or Tatmehrheit affects the sentence. |
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7 hrs confidence:
unitary act of serial fraud Explanation: as a series of choate = completed or consummated offences, whether Eingehungs- or Erfüllungs-betrug. Example sentence(s):
Reference: http://caselaw.findlaw.com/nm-court-of-appeals/1471785.html |
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