Originally Posted by
Father-of-3
Perhaps this will help with your confusion. Note that I'm not suggesting there is any real risk of legal action for 99.99% of us. But Flyertalk seems to have many people who see no issue with making false statements. I don't believe there is anything wrong with pushing the points game, but when adverse actions happen and someone asks for suggestions I see many people suggesting creative stories to tell. Once you start making stuff up any lying I think you are going down a slippery slope. Again, not an issue for most of us, even the ones advising people to lie, but you can't commit just a little fraud. Its like being a little pregnant. If the speed limit is 55 and you are going 56 you are technically speeding - you aren't going to get a ticket but that doesn't make it legal to drive 56 in a 55. Maybe you can go 58 or 60 or 65 - at some point it gets the highway patrol to put down the donut and give you a ticket. I've never received a ticket for going 5 miles over the speed limit. I don't know anyone who has so I feel comfortable doing it. Each person has their comfort zone. Also, I don't get upset when I get speeding tickets for 20 over the posted limit. I know I was going to fast and I pay the fine.
From the free legal dictionary:
Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.
And as a good example of why you shouldn't get your legal advice from an anonyous website, here is the actrual definition of wire fraud under federal law:
18 U.S.C. Sec. 3143
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.