Someone might go persnickety legalistic on you and claim
that when you give doughnuts to the police who eat lunch in
your restaurant it constitutes offering a bribe and that the offi-
cers who accept them are guilty of seeking an illegal gratuity.
That’s a bit too narrow. It seems to me that the two main con-
siderations are the intent and the degree of any financial or
material loss incurred. When do activities cross over a line from
acceptable forms of business behavior to actions that might
involve legal liability?
If we are grown up enough to know that fraud is an unfortu-
nate daily occurrence, we should be armored enough to recog-
nize it when it appears. For example, does anyone really expect
that the good doctor in the Oil Ministry of Nigeria is going to
Advanced Fraud
191
Extortion is when a person gets something from someone under
threat of force.
Conspiracy before/after occurs when two or more people agree to
commit a crime and at least one of them does so.
Embezzlement happens when a person in a trust relationship takes
property whose access stems from the trust relationship.
Mail/wire fraud is, under U.S. law, the use of a telephone or the
postal service in any fraudulent activity.
Failure to report a felony to law enforcement authorities
should be obvious: if someone knows that a fraud has been commit-
ted, fails to report it, and then actively engages in concealing the fraud-
ulent act or evidence, it’s a felony. Concealing fraud includes acts like
changing, hiding, or destroying official records.
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