Chapter 7

Front 1

Forgery

Back 1

The false making of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud any person or persons.

Front 2

What are the elements of forgery?

Back 2

1. Fraudulent or false writing or alteration.
2. Writing or document.
3. Intent to defraud.
4. Forgery or alteration is material.

Front 3

At present day is forgery a misdemeanor or felony?

Back 3

It is a felony although at common law it was only considered a misdemeanor.

Front 4

Uttering a Forged Instrument

Back 4

Offering as genuine an instrument known to be false.

Front 5

What are the elements of Uttering a Forged Instrument?

Back 5

1. uttering;
2. a forged instruemtn;
3. offered or published as true or genuine;
4. knowledge on the part of the offerer that the instrument is false;
5. with intent to defraud.

Front 6

What are criminal simulation statutes?

Back 6

They prohibit forgery when the subject of the offense is not writing, but rather an object.

Front 7

What are some major examples of criminal simulation?

Back 7

1. making an object appear valuable by faking antiquity or rarity.
2. Making, editing, or reproducing any picture, movie film, or audio tape.
3. Simulating, forging, or altering any wrapper, label, cork, or cap prescribed by the liquor control commission.

Front 8

What is false advertising?

Back 8

Making untrue and fraudulent statements about products.

Front 9

Was false advertising a crime at common law?

Back 9

No.

Front 10

What are the elements of false advertising?

Back 10

1. publication;
2. false or misleading statement or representation;
3. concerning merchandise or anything of value;
4. with intent to sell barter or exchange;
5. intent to decieve or mislead any person.

Front 11

When is a person guilty of bait advertising?

Back 11

When they advertise services with the intent not to sell
1. at the price advertised
2. in a quantity suficient to meet reasonable expected public demand.
3. at all

Front 12

What is commercial bribery?

Back 12

The giving or offering to give, directly or indirectly, anything of value to a private agent,with intent to influence action in relation to the principal's or employers affairs.

Front 13

What are the elements of commercial bribery?

Back 13

1. giving or offering to give;
2. anything of value;
3. to a private agent or employee;
4. Without knowldge and consent of the principal or employer;
5. With intent to influence the agents action in relation to the principals affairs.

Front 14

Is there a penalty for the acceptance of a commercial bribe?

Back 14

Yes.

Front 15

When is one guilty of computer fraud?

Back 15

When they access without permission and alter computer data in order to either:
1. devise or execute a scheme to defraud or deceive
or
2. wrongfully control or obtain money, property, or data.

Front 16

Name some miscellaneous types of business and commercial frauds.

Back 16

1. Offering and accepting bribes in sporting events
2. tampering with records
3. defrauding creditors