- Joined
- Feb 15, 2024
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- 118
- Basic Beliefs
- American constitutional republic
Outing the law isn’t the same as grasping what it actually says and means.I already quoted you the law
I already quoted you the law. You are just plain wrong. The purpose of this law was to prevent ill gotten gains from "any deception, misrepresentation, concealment, suppression, false pretense, false promise or unconscionable contractual provisions.", when done repeatedly. Does not require a victim, as you are falsely asserting.No. No lies. Elements. And it happens to be true.Whether it’s civil or criminal, the elements of fraud require not just a “false” statement. It requires also that someone be deceived by the false statement. (And it must be a false statement not just an inaccurate or merely mistaken statement.). In short, there must be a victim.
In this AG Letitia James case against Trump, the plaintiff can point to no victim. There were no victims. The case was decided erroneously by the judge from the outset. Some folks may not like this but I’ll stand by it and await the outcome (not of the “trial”) of appellate process. I predict that the verdict and “judgment” are going to be nullified on appeal.
Lies you are lapping up from your Trumposphere, no surprise there as that is all they have these days:
Wrong. If you look at the elements you will see that (although it doesn’t use the word “victim”) it absolutely does contemplate that there be a victim.Executive Law § 63(12) now reads as follows: Whenever any person shall engage in repeated fraudulent or illegal acts or otherwise demonstrate persistent fraud or illegality in the carrying on, conducting or transaction of business, the attorney general may apply… for an order enjoining the continuance of such business activity or of any fraudulent or illegal acts, directing restitution and damages and, in an appropriate case, cancelling any certificate filed under and by virtue of the provisions of section four hundred forty of the former penal law or section one hundred thirty of the general business law, and the court may award the relief applied for or so much thereof as it may deem proper. The word “fraud” or “fraudulent” as used herein shall include any device, scheme or artifice to defraud and any deception, misrepresentation, concealment, suppression, false pretense, false promise or unconscionable contractual provisions. The term “persistent fraud” or “illegality” as used herein shall include continuance or carrying on of any fraudulent or illegal act or conduct. The term “repeated” as used herein shall include repetition of any separate and distinct fraudulent or illegal act, or conduct which affects more than one person. Notwithstanding any law to the contrary, all monies recovered or obtained under this subdivision by a state agency or state official or employee acting in their official capacity shall be subject to subdivision eleven of section four of the state finance law.
Nothing about a "victim". But even then, ex-ante the banks were a defacto victim by agreeing to give a loan at more favorable terms than otherwise but for the fraudulent financial statements they were provided. They were subject to greater risk than they realized and got lower profits than they would've gotten had they had correct, nonfraudulent information. The interest amounts saved on these more favorable loan terms were ill gotten gains that have to be paid back for breaking this law regardless of whether there is a "victim".
I will be happy to explain it all in a follow up post.
Does this mean that a higher court will absolutely agree with my view? Of course not. But I tell you this much: there is an excellent chance that somewhere along the line, a court is going to agree.
Put it simply: no victim; no fraud. A mistaken estimate is not the same as a deliberate deception. But even in the darkest light, if there is no victim, there is no fraud.
If you want to provide a legal source that addressing this law directly: Executive Law § 63(12), that claims to require a victim, I will listen, but stick to this specifically as this is the law that holds for this case.
And, as I already pointed out, the banks were victims. They charged him a lower rate than they would have without the fraudulent info. I noticed you didn't even attempt to address that.
As indicated, I will come back to provide support for the fact that the law does (contrary to the judge and you) require that there must be a victim. And, here, there is no “victim.”