Bribery is the act of giving or receiving something of value in exchange for some kind of influence or action in return, that the recipient would otherwise not offer. Bribery is defined by Black's Law Dictionary as the offering, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty. Bribery is offering to do something for someone for the expressed purpose of receiving something in exchange. Gifts of money or other items of value which are otherwise available to everyone on an equivalent basis, not for dishonest purposes, is not bribery. Offering a discount or a refund to all purchasers is not bribery. For example, it is legal for an employee of a Public Utilities Commission involved in electric rate regulation to accept a rebate on electric service that reduces their cost for electricity, when the rebate is available to other residential electric customers. Giving the rebate to influence them to look favorably on the electric utility's rate increase applications, would be considered bribery.
A bribe is the gift bestowed to influence the recipient's conduct. It may be money, rights in action, preferment, emolument, objects of value, advantage, or a promise to induce or influence the action, vote, or influence of a person in an official or public capacity. Many types of payments or favors can constitute bribes: tip, sop, skim, discount, waived fee/ticket, free food, free ad, free trip, free tickets, sweetheart deal, kickback/payback, inflated sale of an object or property, lucrative contract, campaign contribution, sponsorship/backing, higher paying job, stock options, secret commission, or promotion. One must be careful of differing cultural norms when examining bribery. Expectations of when a monetary transaction is appropriate can differ from place to place. Political campaign contributions in the form of cash, for example, are considered criminal acts of bribery in some countries, while in the United States, provided they adhere to election law, are legal. Tipping, for example, is considered bribery in some societies, while in others the two concepts may not be interchangeable.
In some Spanish-speaking countries, bribes are referred to as "mordida". In Arab countries, bribes may be called baksheesh or "shay". French-speaking countries use the expressions "dessous-de-table", "pot-de-vin", or "commission occulte". While the last two expressions contain inherently a negative connotation, the expression "dessous-de-table" can be understood as a accepted business practice. In German, the common term is Schmiergeld; the offence may be divided into two great classes: the one, where a person invested with power is induced by payment to use it unjustly. The briber might hold a powerful role and control the transaction; the forms that bribery take are numerous. For example, a motorist might bribe a police officer not to issue a ticket for speeding, a citizen seeking paperwork or utility line connections might bribe a functionary for faster service. Bribery may take the form of a secret commission, a profit made by an agent, in the course of his employment, without the knowledge of his principal.
Euphemisms abound for this Bribers and recipients of bribery are numerous although bribers have one common denominator and, the financial ability to bribe. According to BBC news U. K, "bribery around the world is estimated at about $1 trillion"; as indicated on the pages devoted to political corruption, efforts have been made in recent years by the international community to encourage countries to dissociate and incriminate as separate offences and passive bribery. From a legal point of view, active bribery can be defined for instance as the promising, offering or giving by any person, directly or indirectly, of any undue advantage, for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions.. Passive bribery can be defined as the request or receipt, directly or indirectly, of any undue advantage, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions.
The reason for this dissociation is to make the early steps of a corrupt deal an offence and, thus, to give a clear signal that bribery is not acceptable. Besides, such a dissociation makes the prosecution of bribery offences easier since it can be difficult to prove that two parties have formally agreed upon a corrupt deal. Besides, there is no such formal deal but only a mutual understanding, for instance when it is common knowledge in a municipality that to obtain a building permit one has to pay a "fee" to the decision maker to obtain a favourable decision. A grey area may exist. United States law is strict in li
Lake Winnipeg is a large, but shallow 24,514-square-kilometre lake in North America, in the province of Manitoba, Canada. Its southern end is about 55 kilometres north of the city of Winnipeg, it is the largest lake within southern Canada's borders, is part of the most undeveloped large watershed of southern Canada. Lake Winnipeg is Canada's sixth-largest freshwater lake, the third-largest freshwater lake contained within Canada, but it is shallow excluding a narrow 36 m deep channel between the northern and southern basins, it is the eleventh-largest freshwater lake on Earth. The lake's east side has pristine boreal forests and rivers that are being promoted as a potential United Nations World Heritage Park; the lake is 416 km from north to south, with remote sandy beaches, large limestone cliffs, many bat caves in some areas. Manitoba Hydro uses the lake as one of the largest reservoirs in the world. There are many islands, most of them undeveloped; the Sagkeeng First Nation holds a reserve on Turtle Island, in the southern part of the lake.
The Anishinaabe people have been in this area for hundreds of years. Lake Winnipeg has the largest watershed of any lake in Canada, receiving water from three US states and four Canadian provinces; the lake's watershed measures about 982,900 square kilometres. Its drainage is about 40 times larger than its surface, a ratio bigger than any other large lake in the world. Given the lake's massive watershed and small volume of water, it is dominated by events in its watershed, it is not surprising to find it showing the effects of materials being added to it as a result of activities in the watershed. Lake Winnipeg drains northward into the Nelson River at an average annual rate of 2,066 cubic metres per second, forms part of the Hudson Bay watershed, one of the largest in the world; this watershed area was known as Rupert's Land when the Hudson's Bay Company was chartered in 1670. The Saskatchewan River flows in from the west through Cedar Lake, the Red River flows in from the south and the Winnipeg River enters from the southeast.
The Dauphin River enters from the west draining Lake Winnipegosis. The Bloodvein River, Berens River, Poplar River and the Manigotagan River flow in from the eastern side of the lake, within the Canadian Shield. Other tributaries of Lake Winnipeg include. Lake Winnipeg and Lake Manitoba are remnants of prehistoric Glacial Lake Agassiz, although there is evidence of a desiccated south basin of Lake Winnipeg 4,000 years ago; the area between the lakes is called the Interlake Region, the whole region is called the Manitoba Lowlands. The varying habitats found within the lake support a large number of fish species, more than any other lake in Canada west of the Great Lakes. Sixty of seventy-nine native species found in Manitoba are present in the lake. Families represented include lampreys, mooneyes, suckers, pikes and whitefish, codfishes, sculpins, sunfishes and drums. Two fish species present in the lake are considered to be at risk; the Shortjaw cisco is considered a threatened species. The Bigmouth buffalo is considered a species of special concern.
Rainbow trout and Brown trout are stocked in Manitoba waters by provincial fisheries as part of a put and take program to support angling opportunities. Neither species is able to sustain itself independently in Manitoba. Smallmouth bass was first recorded from the lake in 2002, indicating populations introduced elsewhere in the watershed are now present in the lake. White bass were first recorded from the lake in 1963, ten years after being introduced into Lake Ashtabula in North Dakota. Common carp were introduced to the lake through the Red River of the North and are established. Lake Winnipeg provides feeding and nesting sites for a wide variety of birds associated with water during the summer months. Isolated, uninhabited islands provide nesting sites for colonial nesting birds including pelicans and terns. Large marshes and shallows allow these birds to feed themselves and their young. Pipestone Rocks are considered a globally significant site for American white pelicans. In 1998, an estimated 3.7% of the world's population of this bird at the time were counted nesting on the rocky outcrops.
The same site is significant within North America for the numbers of colonial waterbirds using the area
Lake Superior, the largest of the Great Lakes of North America, is the world's largest freshwater lake by surface area, the third largest freshwater lake by volume. The lake is shared by the Canadian province of Ontario to the north, the U. S. state of Minnesota to the west, Wisconsin and the Upper Peninsula of Michigan to the south. The farthest north and west of the Great Lakes chain, Superior has the highest elevation of all five great lakes and drains into the St. Mary's River; the Ojibwe name for the lake is gichi-gami, meaning "great sea." Henry Wadsworth Longfellow wrote the name as "Gitche Gumee" in The Song of Hiawatha, as did Gordon Lightfoot in his song, "The Wreck of the Edmund Fitzgerald". According to other sources, the actual Ojibwe name is Anishinaabe Gichigami; the 1878 dictionary by Father Frederic Baraga, the first one written for the Ojibway language, gives the Ojibwe name as Otchipwe-kitchi-gami. The first French explorers approaching the great inland sea by way of the Ottawa River and Lake Huron during the 17th century referred to their discovery as le lac supérieur.
Properly translated, the expression means "Upper Lake,". The lake was called Lac Tracy by 17th century Jesuit missionaries; the British, upon taking control of the region from the French in the 1760s following the French and Indian War, anglicized the lake's name to Superior, "on account of its being superior in magnitude to any of the lakes on that vast continent." Lake Superior empties into Lake Huron via the Soo Locks. Lake Superior is the largest freshwater lake in the world in area, the third largest in volume, behind Lake Baikal in Siberia and Lake Tanganyika in East Africa; the Caspian Sea, while larger than Lake Superior in both surface volume, is brackish. Lake Superior has a surface area of 31,700 square miles, the size of South Carolina or Austria, it has maximum breadth of 160 statute miles. Its average depth is 80.5 fathoms with a maximum depth of 222.17 fathoms. Lake Superior contains 2,900 cubic miles of water. There is enough water in Lake Superior to cover the entire land mass of North and South America to a depth of 30 centimetres.
The shoreline of the lake stretches 2,726 miles. American limnologist J. Val Klump was the first person to reach the lowest depth of Lake Superior on July 30, 1985, as part of a scientific expedition, which at 122 fathoms 1 foot below sea level is the second-lowest spot in the continental interior of the United States and the third-lowest spot in the interior of the North American continent after Iliamna Lake in Alaska and Great Slave Lake in the Northwest Territories of Canada at. While the temperature of the surface of Lake Superior varies seasonally, the temperature below 110 fathoms is an constant 39 °F; this variation in temperature makes the lake seasonally stratigraphic. Twice per year, the water column reaches a uniform temperature of 39 °F from top to bottom, the lake waters mix; this feature makes the lake dimictic. Because of its volume, Lake Superior has a retention time of 191 years. Annual storms on Lake Superior feature wave heights of over 20 feet. Waves well over 30 feet have been recorded.
The lake is fed by over 200 rivers. The largest include the Nipigon River, the St. Louis River, the Pigeon River, the Pic River, the White River, the Michipicoten River, the Bois Brule River and the Kaministiquia River. Lake Superior drains into Lake Huron via the St. Marys River. There are rapids at the river's upper end where the river bed has a steep gradient; the Soo Locks were built to enable ships to bypass the rapids and to overcome the 25-foot height difference between Lakes Superior and Huron. The lake's average surface elevation is 600 feet above sea level; until 1887, the natural hydraulic conveyance through the St. Marys River rapids determined the outflow from Lake Superior. By 1921, development in support of transportation and hydroelectric power resulted in gates, power canals and other control structures spanning St. Marys rapids; the regulating structure is known as the Compensating Works and is operated according to a regulation plan known as Plan 1977-A. Water levels, including diversions of water from the Hudson Bay watershed, are regulated by the International Lake Superior Board of Control, established in 1914 by the International Joint Commission.
Lake Superior's water level was at a new record low in September 2007 less than the previous record low in 1926. However, the water levels returned within a few days. Historic high water The lake's water level fluctuates from month to month, with the highest lake levels in October and November; the normal high-water mark is 1.17 feet above datum (601.1 ft
Sault Ste. Marie, Ontario
Sault Ste. Marie is a city on the St. Marys River in Ontario, close to the U. S.-Canada border. It is the seat of the Algoma District and the third largest city in Northern Ontario, after Sudbury and Thunder Bay. To the south, across the river, is the United States and the city of Sault Ste. Marie, Michigan; these two communities were one city until a new treaty after the War of 1812 established the border between Canada and the United States in this area at the St. Mary's River. In the 21st century, the two cities are joined by the International Bridge, which connects Interstate 75 on the Michigan side, Huron Street on the Ontario side. Shipping traffic in the Great Lakes system bypasses the Saint Mary's Rapids via the American Soo Locks, the world's busiest canal in terms of tonnage that passes through it, while smaller recreational and tour boats use the Canadian Sault Ste. Marie Canal. French colonists referred to the rapids on the river as Les Saults de Ste. Marie and the village name was derived from that.
The rapids and cascades of the St. Mary's River descend more than 20 feet from the level of Lake Superior to the level of the lower lakes. Hundreds of years ago, this slowed shipping traffic, requiring an overland portage of boats and cargo from one lake to the other; the entire name translates to "Saint Mary's Rapids" or "Saint Mary's Falls". The word sault is pronounced in French, in the English pronunciation of the city name. Residents of the city are called Saultites. Sault Ste. Marie is bordered to the east by the Rankin and Garden River First Nation reserves, to the west by Prince Township. To the north, the city is bordered by an unincorporated portion of Algoma District, which includes the local services boards of Aweres, Batchawana Bay and District, Peace Tree and Searchmont; the city's census agglomeration, including the townships of Laird and Macdonald, Meredith and Aberdeen Additional and the First Nations reserves of Garden River and Rankin, had a total population of 79,800 in 2011.
Native American settlements of Ojibwe-speaking peoples, existed here for more than 500 years. In the late 17th century, French Jesuit missionaries established a mission at the First Nations village; this was followed by development of a fur trading post and larger settlement, as traders and Native Americans were attracted to the community. It was considered one community and part of Canada until after the War of 1812 and settlement of the border between Canada and the US at the Ste. Mary's River; the US prohibited British traders from operating in its territory, the areas separated by the river began to develop as two communities, both named Sault Ste. Marie; the historic Ojibwe, an Anishinaabe language people called this area Baawitigong, meaning "place of the rapids." They used this as a regional meeting place during whitefish season in the St. Mary's Rapids. After the visit of Étienne Brûlé in 1623, the French called it "Sault de Gaston" in honour of Gaston, Duke of Orléans, the brother of King Louis XIII of France.
In 1668, French Jesuit missionaries renamed it as Sault Sainte Marie, established a mission settlement on the river's south bank. A fur trading post was established and the settlement expanded to include both sides of the river. Sault Ste. Marie is one of the oldest French settlements in North America, it was at the crossroads of the 3,000-mile fur trade route, which stretched from Montreal to Sault Ste. Marie and to the North country above Lake Superior. A cosmopolitan, mixed population of Europeans, First Nations peoples, Métis lived at the village spanning the river; the city name originates from Saults de Sainte-Marie, archaic French for "Saint Mary's Falls", a reference to the rapids of Saint Marys River. Etymologically, the word sault comes from an archaic spelling of saut, which translates most in this usage to the English word cataract; this in turn derives from the French word for "leap" or "jump". Citations dating back to 1600 use the sault spelling to mean a waterfall or rapids. In modern French, the words chutes or rapides are more usual.
Sault survives exclusively in geographic names dating from the 17th century. Traders interacted with tribes from around the Great Lakes, but the fluid environment changed during and after the War of 1812 between Britain and the United States. Trade dropped during the war and on July 20, 1814 an American force destroyed the North West Company depot on the north shore of the St. Marys River. Since the Americans were unable to capture Fort Mackinac, the British forces retained control of Sault Ste. Marie. In 1870, the United States refused to give the steamer Chicona, carrying Colonel Garnet Wolseley, permission to pass through the locks at Sault Ste Marie. In order to control their own water passage, the Canadians constructed the Sault Ste. Marie Canal, completed in 1895. Sault Ste. Marie, Ontario was incorporated as a town in 1887 and a city in 1912; the town gained brief international notoriety in 1911 in the trial of Angelina Napolitano, the first person in Canada to use the battered woman defence for murder.
During World War II, after the US was attacked at Pearl Harbor in 1941, government concern turned to protection of the locks and shipping channel at Sault Ste. Marie. A substantial military presence was established to protect the locks from a poss
The Caribbean is a region of The Americas that consists of the Caribbean Sea, its islands and the surrounding coasts. The region is southeast of the Gulf of Mexico and the North American mainland, east of Central America, north of South America. Situated on the Caribbean Plate, the region comprises more than 700 islands, islets and cays; these islands form island arcs that delineate the eastern and northern edges of the Caribbean Sea. The Caribbean islands, consisting of the Greater Antilles on the north and the Lesser Antilles on the south and east, are part of the somewhat larger West Indies grouping, which includes the Lucayan Archipelago; the Lucayans and, less Bermuda, are sometimes considered Caribbean despite the fact that none of these islands border the Caribbean Sea. In a wider sense, the mainland countries and territories of Belize, the Caribbean region of Colombia, the Yucatán Peninsula, Margarita Island, the Guyanas, are included due to their political and cultural ties with the region.
Geopolitically, the Caribbean islands are regarded as a subregion of North America and are organized into 30 territories including sovereign states, overseas departments, dependencies. From December 15, 1954, to October 10, 2010, there was a country known as the Netherlands Antilles composed of five states, all of which were Dutch dependencies. From January 3, 1958, to May 31, 1962, there was a short-lived political union called the West Indies Federation composed of ten English-speaking Caribbean territories, all of which were British dependencies; the West Indies cricket team continues to represent many of those nations. The region takes its name from that of the Caribs, an ethnic group present in the Lesser Antilles and parts of adjacent South America at the time of the Spanish conquest of the Americas; the two most prevalent pronunciations of "Caribbean" outside the Caribbean are, with the primary stress on the third syllable, with the stress on the second. Most authorities of the last century preferred the stress on the third syllable.
This is the older of the two pronunciations, but the stressed-second-syllable variant has been established for over 75 years. It has been suggested that speakers of British English prefer while North American speakers more use, but major American dictionaries and other sources list the stress on the third syllable as more common in American English too. According to the American version of Oxford Online Dictionaries, the stress on the second syllable is becoming more common in UK English and is considered "by some" to be more up to date and more "correct"; the Oxford Online Dictionaries claim that the stress on the second syllable is the most common pronunciation in the Caribbean itself, but according to the Dictionary of Caribbean English Usage, the most common pronunciation in Caribbean English stresses the first syllable instead. The word "Caribbean" has multiple uses, its principal ones are political. The Caribbean can be expanded to include territories with strong cultural and historical connections to slavery, European colonisation and the plantation system.
The United Nations geoscheme for the Americas presents the Caribbean as a distinct region within the Americas. Physiographically, the Caribbean region is a chain of islands surrounding the Caribbean Sea. To the north, the region is bordered by the Gulf of Mexico, the Straits of Florida and the Northern Atlantic Ocean, which lies to the east and northeast. To the south lies the coastline of the continent of South America. Politically, the "Caribbean" may be centred on socio-economic groupings found in the region. For example, the bloc known as the Caribbean Community contains the Co-operative Republic of Guyana, the Republic of Suriname in South America and Belize in Central America as full members. Bermuda and the Turks and Caicos Islands, which are in the Atlantic Ocean, are associate members of the Caribbean Community; the Commonwealth of the Bahamas is in the Atlantic and is a full member of the Caribbean Community. Alternatively, the organisation called the Association of Caribbean States consists of every nation in the surrounding regions that lie on the Caribbean, plus El Salvador, which lies on the Pacific Ocean.
According to the ACS, the total population of its member states is 227 million people. The geography and climate in the Caribbean region varies: Some islands in the region have flat terrain of non-volcanic origin; these islands include Aruba, Curaçao, Bonaire, the Cayman Islands, Saint Croix, the Bahamas, Antigua. Others possess rugged towering mountain-ranges like the islands of Saint Martin, Hispaniola, Puerto Rico, Dominica, Saba, Sint Eustatius, Saint Kitts, Saint Lucia, Saint Thomas, Saint John, Grenada, Saint Vincent, Guadeloupe and Trinidad and Tobago. Definitions of the terms Greater Antilles and Lesser Antilles vary; the Virgin Islands as part of the Puerto Rican bank are sometimes included with the Greater Antilles. The term Lesser Antilles is used to define an island arc that includes Grenada but excludes Trinidad and Tobago and the Leeward Antilles; the waters of the Caribbean Sea host large, migratory schools of fish and coral reef
Indigenous and Northern Affairs Canada
The Department of Indian Affairs and Northern Development, referred to by its applied title under the Federal Identity Program as Indigenous and Northern Affairs Canada, is the department of the government of Canada with responsibility for policies relating to Aboriginal peoples in Canada, that comprise the First Nations, Métis. The department is overseen by two cabinet ministers, the Minister of Crown–Indigenous Relations and the Minister of Indigenous Services, its headquarters are in downtown Gatineau, Quebec. Pursuant to the Department of Indian Affairs and Northern Development Act the term "Indian" remains in the department's legal name, although the term "Indigenous" is used in its applied title under the Federal Identity Program. First Nation, has been used since the 1970s instead of the word "Indian", which some people found offensive; the term "Indian" is used for legal and historical documents such as Status Indians as defined by the Indian Act. For example, the term "Indian" continues to be used in the historical and legal document, the Canadian Constitution and federal statutes.
Aboriginal Affairs and Northern Development Canada used the term Inuit in referring to "an Aboriginal people in Northern Canada, who live in Nunavut, Northwest Territories, Northern Quebec and Northern Labrador. The word means "people" in the Inuit language — Inuktitut; the singular of Inuit is Inuk." Eskimo is found in historical documents about Canadian Inuit. The term "Aboriginal" is used when referring to the three groups of indigenous peoples as a whole, it is used by Aboriginal people who live within Canada who claim rights of sovereignty or Aboriginal title to lands. Indigenous and Northern Affairs Canada is one of the federal government departments responsible for meeting the Government of Canada's obligations and commitments to First Nations, Inuit and Métis, for fulfilling the federal government's constitutional responsibilities in the North. INAC's responsibilities are determined by numerous statutes, negotiated agreements and relevant legal decisions. Most of the Department's programs, representing a majority of its spending - are delivered through partnerships with Aboriginal communities and federal-provincial or federal-territorial agreements.
INAC works with urban Indigenous people, Métis and Non-Status Indians. Indigenous and Northern Affairs Canada supports indigenous peoples and Northerners in their efforts to: improve social well-being and economic prosperity. INAC works with urban First Nations, Métis and Non-Status Indians through the Office of the Federal Interlocutor. INAC manages the resources and lands of federal lands, including land and subsurface leases and resource royalties. In 1755, the British Crown established the British Indian Department; the Indian Governors General held control of Indian Affairs, but delegated much of their responsibility to a series of Civil Secretaries. In 1860, the responsibility for Indian affairs was transferred from the government of Great Britain to the Province of Canada and the responsibility for Indian Affairs was given to the Crown Lands Department Commissions Responsible for Indian Affairs; the federal government's legislative responsibilities for Indians and Inuit derive from section 91 of the Constitution Act, 1867 and responsibility was given to the Secretary of State for the Provinces Responsible for Indian Affairs.
In 1876, the Indian Act, which remains the major expression of federal jurisdiction in this area, was passed and a series of treaties were concluded between Canada and the various Indian bands across the country. The responsibility for Indian Affairs and Northern Development rested with various government departments between 1873 and 1966; the Minister of the Interior held the position of Superintendent-General of Indian Affairs after the Indian Affairs Department was established in 1880. In 1939, federal jurisdiction for Indian peoples was interpreted by the courts to apply to the Inuit. A revised Indian Act was passed in 1951. From 1950 to 1965, the Indian Affairs portfolio was carried by the Minister of Citizenship and Immigration. On October 1, 1966, the Department of Indian Affairs and Northern Development was created as a result of the Government Organization Act, 1966. Effective June 13, 2011, the department began using the applied title Aboriginal Affairs and Northern Development Canada in addition to the legal name of the department.
The Northern Development part of the department has its origins in the Department of the Interior, a body created by Prime Minister John A. Macdonald for the purpose of administering the Dominion Lands Act of 1872; when the Department of the Interior dissolved in 1936, Indian Affairs fell under the purview of the Department of Mines and Resources. However, the need for social and health-care services in the North led to the establishment of the Northern Administration and Lands branch in 1951, which led to the creation of the Department of Northern Affairs and National Resources in 1953; this became the Department of Indian Affairs and Northern Development in 1966. Under the Federal Identity Program, the department is known as Indigenous and Northern Affairs Canada. Beginning in the e
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law, a criminal law, or it may cause no loss of money, property or legal right but still be an element of another civil or criminal wrong; the purpose of fraud may be monetary gain or other benefits, such as obtaining a passport or travel document, driver's license. Examples include mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim. In common law jurisdictions, as a civil wrong, fraud is a tort. While the precise definitions and requirements of proof vary among jurisdictions, the requisite elements of fraud as a tort are the intentional misrepresentation or concealment of an important fact upon which the victim is meant to rely, in fact does rely, to the harm of the victim.
Proving fraud in a court of law is said to be difficult. That difficulty is found, for instance, in that each and every one of the elements of fraud must be proven, that the elements include proving the states of mind of the perpetrator and the victim, that some jurisdictions require the victim to prove fraud by clear and convincing evidence; the remedies for fraud may include rescission of a fraudulently obtained agreement or transaction, the recovery of a monetary award to compensate for the harm caused, punitive damages to punish or deter the misconduct, others. In cases of a fraudulently induced contract, fraud may serve as a defense in a civil action for breach of contract or specific performance of contract. Fraud may serve as a basis for a court to invoke its equitable jurisdiction. In common law jurisdictions, as a criminal offence, fraud takes many different forms, some general and some specific to particular categories of victims or misconduct; the elements of fraud as a crime vary.
The requisite elements of the most general form of criminal fraud, theft by false pretense, are the intentional deception of a victim by false representation or pretense with the intent of persuading the victim to part with property and with the victim parting with property in reliance on the representation or pretense and with the perpetrator intending to keep the property from the victim. Section 380 of the Criminal Code provides the general definition for fraud in Canada: 380; every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service, is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars. In addition to the penalties outlined above, the court can issue a prohibition order under s. 380.2.
It can make a restitution order under s. 380.3. The Canadian courts have held that the offence consists of two distinct elements: A prohibited act of deceit, falsehood or other fraudulent means. In the absence of deceit or falsehood, the courts will look objectively for a "dishonest act"; the Supreme Court of Canada has held that deprivation is satisfied on proof of detriment, prejudice or risk of prejudice. Deprivation of confidential information, in the nature of a trade secret or copyrighted material that has commercial value, has been held to fall within the scope of the offence; the proof requirements for criminal fraud charges in the United States are the same as the requirements for other crimes: guilt must be proved beyond a reasonable doubt. Throughout the United States fraud charges can be misdemeanors or felonies depending on the amount of loss involved. High value frauds can include additional penalties. For example, in California losses of $500,000 or more will result in an extra two, three, or five years in prison in addition to the regular penalty for the fraud.
The U. S. government's 2006 fraud review concluded that fraud is a under-reported crime, while various agencies and organizations were attempting to tackle the issue, greater co-operation was needed to achieve a real impact in the public sector. The scale of the problem pointed to the need for a small but high-powered body to bring together the numerous counter-fraud initiatives that existed. Although elements may vary by jurisdiction and the specific allegations made by a plaintiff who files a lawsuit that alleged fraud, typical elements of a fraud case in the United States are that: Somebody misrepresents a material fact in order to obtain action or forbearance by another person.