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Dishonesty
Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating, lying, or deliberately withholding information, or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousness. Dishonesty is the fundamental component of a majority of offences relating to the acquisition, conversion and disposal of property (tangible or intangible) defined in criminal law such as fraud. English law Dishonesty has had a number of definitions. For many years, there were two views of what constituted dishonesty in English law. The first contention was that the definitions of dishonesty (such as those within the Theft Act 1968) described a course of action, whereas the second contention was that the definition described a state of mind. A clear test within the criminal law emerged from ''R v Ghosh'' (1982) 75 CR App. R. 154. The Court of Appeal held that dishonesty is an element of ''mens rea'', clearly referring to a state of m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Ghosh
''R v Ghosh'' 982EWCA Crim 2is an English criminal law case setting out a test for dishonesty">dishonest conduct which was relevant as to many offences worded as doing an act dishonestly, such as deception, as Theft Act 1968, theft,Theft Act 1968 as mainstream types of Fraud Act 2006, fraud,Fraud Act 2006 and as Social Security Administration Act 1992, benefits fraud. The test has been revised to an objective test, with rare exceptions, by the Supreme Court of the United Kingdom, Supreme Court in ''Ivey v Genting Casinos'' [2017UKSC 67 Facts Dr Ghosh was a surgeon. He was convicted of four offences under the Theft Act 1968 sections 20(2) and 15(1). During his work as a locum surgeon he was paid one set of extra wages and attempted three times to obtain such wages by claiming variously: for work that others had carried out and for work reimburseable to him via the National Health Service. The jury found him guilty. He appealed on the basis that the trial judge had told the jury ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ivey V Genting Casinos (UK) Ltd T/a Crockfords
is a UK Supreme Court case that reconsidered the test used for determining dishonesty. Facts Phil Ivey, an American professional poker player, played and won a series of games of Punto Banco—a variant of baccarat—at Crockfords Casino in London, owned by Genting Casinos (UK) Ltd. The casino did not pay out the £7.7m he had won, as they believed Ivey had cheated by using edge sorting. Ivey sued the casino to recover his winnings. Both Ivey and the casino agreed that the contract contained an implied term forbidding cheating. Ivey's lawyers argued that the appropriate test for whether cheating occurred was the same for contract as it was in section 42 of the Gambling Act 2005, and that cheating necessitated dishonesty, which had not been shown. At trial, High Court Judge John Mitting held that cheating had occurred and the contract was thus invalid. The Court of Appeal upheld the trial judge's ruling 2–1. Decision The Supreme Court held that Ivey had cheated, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deceptive
Deception or falsehood is an act or statement that misleads, hides the truth, or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage. Deception can involve dissimulation, propaganda and sleight of hand as well as distraction, camouflage or concealment. There is also self-deception, as in bad faith. It can also be called, with varying subjective implications, beguilement, deceit, bluff, mystification, ruse, or subterfuge. Deception is a major relational transgression that often leads to feelings of betrayal and distrust between relational partners. Deception violates relational rules and is considered to be a negative violation of expectations. Most people expect friends, relational partners, and even strangers to be truthful most of the time. If people expected most conversations to be untruthful, talking and communicating with others would require distraction and misdirection to acquire reliable information. A significant amount ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with ''larceny'', while in others, ''theft'' is defined more narrowly. Someone who carries out an act of theft may be described as a "thief" ( : thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The '' actus reus'' of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a '' mens rea'' of dish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake Of Law
Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is differentiated from mistake of fact. There is a principle of law that " ignorance of the law is no excuse". In criminal cases, a mistake of law is not a recognized defense, though such a mistake may in very rare instances fall under the legal category of "exculpation". In criminal cases a mistake of fact is normally called simply, " mistake". General principles Usually, there is in legal cases an irrebuttable presumption that people who are about to engage in an activity will comply with applicable law. As part of the rule of law, the law is assumed to be made available to everyone. The presumption of knowledge of applicable law generally will also apply in the situation of a recent change in the law with which a party in a legal case had n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cheating
Cheating generally describes various actions designed to subvert rules in order to obtain unfair advantages. This includes acts of bribery, cronyism and nepotism in any situation where individuals are given preference using inappropriate criteria. The rules infringed may be explicit, or they may be from an unwritten code of conduct based on morality, ethics or custom, making the identification of cheating conduct a potentially subjective process. Cheating can refer specifically to infidelity. Someone who is known for cheating is referred to as a ''cheat'' in British English, and a ''cheater'' in American English. A person described as a "cheat" doesn't necessarily cheat all the time, but rather, relies on deceitful tactics to the point of acquiring a reputation for it. Academic Academic cheating is a significantly common occurrence in high schools and colleges in the United States. Statistically, 64% of public high school students admit to serious test cheating. 58% say t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Omission (criminal Law)
In law, an omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an '' actus reus'' and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act or duty of care. Criminal law In the criminal law, at common law, there was no general duty of care owed to fellow citizens. The traditional view was encapsulated in the example of watching a person drown in shallow water and making no rescue effort, where commentators borrowed the line, "Thou shalt not kill but needst not strive, officiously, to keep another alive." ( Arthur Hugh Clough (1819–1861)) in support of the proposition that the failure to act does not attract criminal liability. Nevertheless, such failures might be mora ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiduciary
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suomen Työväen Säästöpankki
National Workers' Savings Bank (1971-1989) (In Finnish; ''Suomen Työväen Säästöpankki'', in Swedish; ''Arbetarsparbanken'') or STS-Bank (1989-1992) was a Finnish savings bank and commercial bank. Workers' savings banks were syndicalist, social democratic corporations intended to compete with privately owned banks, which could deny credit to workers on political grounds. Created in 1971 through a merger of five local workers' savings banks, the oldest component of STS was the Helsinki branch, founded in 1909. The Turku workers' savings bank was the only one to choose to stay independent. With the merger, STS became the largest savings bank in Finland. The bank went almost bankrupt in 1992 and was sold at a loss to KOP (later Nordea), with the government taking care of much of the bad debt. In 1899, the Finnish Worker's Party (later SDP) decided in its general meeting to establish a bank. The Helsinki TS, was founded in 1908 by Albin Karjalainen, the financial officer of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Act 1968
The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception. History The Theft Act 1968 resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft. The Larceny Act 1916 had codified the common law, including larceny itself, but it remained a complex web of offences. The intention of the Theft Act 1968, was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations. Provisions A number of greatly simplifiedor at least less complicatedoffences were created. Section 1 – Basic definition of "theft" This section creates the offence of theft. This definition is supplemented by sections 2 to 6. The definition of theft ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Dishonesty
Intellectual honesty is an applied method of problem solving, characterised by an unbiased, honest attitude, which can be demonstrated in a number of different ways: * One's personal beliefs or politics do not interfere with the pursuit of truth; * Relevant facts and information are not purposefully omitted even when such things may contradict one's hypothesis; * Facts are presented in an unbiased manner, and not twisted to give misleading impressions or to support one view over another; * References, or earlier work, are acknowledged where possible, and plagiarism is avoided. Harvard ethicist Louis M. Guenin describes the "kernel" of intellectual honesty to be "a virtuous disposition to eschew deception when given an incentive for deception". Intentionally committed fallacies in debates and reasoning are called intellectual dishonesty. See also * Academic honesty * Conflict of interest * Epistemic feedback * Good faith * Intellectual * List of fallacies * Scientific method ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
