Fraud

The Palgrave Handbook of Applied Ethics and Criminal Law (K. Ferzan & L. Alexander eds. 2019)

Duke Law School Public Law & Legal Theory Series No. 2019-17

Posted: 11 Feb 2019

Date Written: January 28, 2019

Abstract

This handbook chapter explains the law of criminal fraud. The central point is that the terms of black-letter law do not sufficiently illuminate the criminal law of fraud, and certainly cannot resolve hard cases. The chapter explains why that is so. It then illustrates a methodology for determining whether deceptive practices are criminal frauds, on the dimensions of both actus reus and mens rea. The argument is descriptive and not, for the most part, normative. On actus reus, the key questions involve the norms and expectations that apply in particular markets. On mens rea, the central inquiry examines an actor’s awareness of the wrongfulness of his conduct.

Keywords: Fraud, White Collar Crime, Criminal Law

Suggested Citation

Buell, Samuel W., Fraud (January 28, 2019). The Palgrave Handbook of Applied Ethics and Criminal Law (K. Ferzan & L. Alexander eds. 2019); Duke Law School Public Law & Legal Theory Series No. 2019-17. Available at SSRN: https://ssrn.com/abstract=3324185

Samuel W. Buell (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-7193 (Phone)

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