NCJ Number
49881
Date Published
1978
Length
14 pages
Annotation
CONSUMER FRAUD IS DEFINED AND CATEGORIES OF SUCH FRAUD ARE DISCUSSED, INCLUDING ENERGY-RELATED, LAND, AND CHARITY FRAUDS.
Abstract
CONSUMER FRAUD MAY BE DEFINED AS AN INTENTIONAL ACT TO CAUSE OTHERS TO SURRENDER MONEY OR PROPERTY OVER WHICH THEY HAVE A RIGHT. ALTHOUGH IT GENERALLY INVOLVES A FALSE OR MISLEADING REPRESENTATION OF A MATERIAL FACT, BY WORDS OR CONDUCT, THAT CAUSES A CONSUMER TO BE DECEIVED, IT MAY AT TIMES TAKE THE FORM OF THE CONCEALMENT OF A MATERIAL FACT. THE OBJECTIVE OF CONSUMER FRAUD IS TO DECEIVE CONSUMERS INTO ACTING TO THEIR LEGAL DETRIMENT AND MAY INVOLVE CRIME BY AN INDIVIDUAL AGAINST ANOTHER INDIVIDUAL OR BUSINESS, OR CRIMES BY A BUSINESS AGAINST AN INDIVIDUAL OR ANOTHER BUSINESS. THESE CRIMES MAY INVOLVE ONE OR MORE FELONS AND CAN RANGE FROM SIMPLE SWINDLES TO COMPLEX AND INTERNATIONAL FRAUDS. ONE OF THE MORE COMMON AND PERVASIVE FORMS INVOLVES THE HOME IMPROVEMENT AREA. ENERGY-RELATED FRAUDS ARE ALSO COMMON AND, WITH THE ADVENT OF THE ENERGY CRISIS, CAN BE EXPECTED TO INCREASE DRAMATICALLY. AN EQUALLY SERIOUS PROBLEM IS THAT OF DECEPTIVE ADVERTISING. WITH THE GROWTH OF MASS MEDIA, FALSE AND MISLEADING ADVERTISING HAS TAKEN ON A NATIONAL DIMENSION AND CONTINUES TO BE A SERIOUS AND GROWING PROBLEM. LAND FRAUD AND AUTO-RELATED SWINDLES ARE PERVASIVE AND PERHAPS THE MOST COSTLY, RUNNING WELL INTO THE BILLIONS OF DOLLARS. CHARITY FRAUDS ARE ALSO COMMON AND MAY TAKE ON MANY FORMS, THOUGH GENERALLY THEY ARE SOLICITATIONS FOR PHONY ORGANIZATIONS OR UNAUTHORIZED CANVASING FOR LEGITIMATE CHARITIES. WITH THE LARGE INCREASE IN APPLICATIONS TO PROFESSIONAL SCHOOLS, EDUCATION- OR SCHOOL-RELATED FRAUDS HAVE BEGUN TO ATTRACT THE ATTENTION OF CRIMINALS PROMISING PLACEMENT IN MEDICAL, DENTAL, OR OTHER PROFESSIONAL LEARNING INSTITUTIONS FOR A FEE, SOMETIMES AS MUCH AS $25,000. WHILE INVENTION PROMOTION AND SCHOOL- AND TRAVEL-RELATED FRAUDS ARE AMONG THE LATEST SWINDLES, BUSINESS OPPORTUNITY FRAUDS ARE PERHAPS THE OLDEST AND ONE OF THE MOST SERIOUS. FRANCHISE AND PYRAMID SCHEMES ARE VERY SIMILAR TO BUSINESS OPPORTUNITY FRAUDS AND USUALLY INVOLVE MISREPRESENTATIONS REGARDING THE EARNINGS AND BUSINESS VIABILITY OF FRANCHISES. MERCHANDISING AND ADVANCED-FEE FRAUDS ARE ALSO SERIOUS PROBLEMS, THE LATTER PARTICULARLY IN TIMES OF ECONOMIC RECESSION. EXAMPLES OF THE VARIOUS CONSUMER-RELATED FRAUDS ARE CITED. STATE AND FEDERAL CODES ARE DISCUSSED. REFERENCE NOTES ARE PROVIDED. (KBL)