Legal Elements of Typical
Criminal Frauds

 Bribery

  1. the giving or receiving of
  2. a thing of value
  3. to influence
  4. an official act

        - generally applied to bribery of public officials

Commercial bribery

  1. giving or receiving of
  2. a thing of value
  3. to influence a business decision
  4. without the knowledge or consent of the principal

Conflict of interest

  1. an agent taking an interest
  2. adverse or potentially adverse to the principal
  3. without disclosure to the principal

Larceny

  1. taking or converting
  2. the property of another
  3. without consent
  4. with the intent to deprive the owner of its use

Embezzlement

  1. to take or convert
  2. without consent
  3. the property of another
  4. which has been entrusted to the defendant

Trade secret theft

  1. valuable information
  2. was treated confidentially and
  3. there was a breach of the confidential relationship

Note: Definitions vary between different jurisdictions. The above are "generally used" definitions. A specific jurisdiction may have more, less, or different elements. Check with an attorney or qualified law enforcement person in your jurisdiction.

Source: Association of Certified Fraud Examiners. (1997). Introduction to fraud examination. Austin, TX.

Copyright 2000 Raymond S. Kulzick. All rights reserved. 001024.

This publication provides business, financial planning, and/or tax information to our clients. All material is for general information only and should not be acted upon without seeking appropriate professional assistance.

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Copyright 2000 Kulzick Associates, PA - Last modified: September 13, 2008