commercial activities

Health Maintenance Organizations

Health Maintenance Organizations (HMOs) are comprehensive forms of insurance that include a wide range of coverages and prices. Health-care professionals offer care through the HMO for a flat-rate without deductibles. The HMO only covers care for organizations within the network, and must approve services before rendered.

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Kickbacks

Kickbacks: an overview

A "kickback" is a term used to refer to a misappropriation of funds that enriches a person of power or influence who uses the power or influence to make a different individual, organization, or company richer. Often, kickbacks result from a corrupt bidding scheme. Through corrupt bidding, the official can award the contract to a company, even though the company did not place the lowest bid. The company profits by having been awarded the bid and getting to perform the contract.

Money Laundering

money laundering: an overview

Money laundering refers to a financial transaction scheme that aims to conceal the identity, source, and destination of illicitly-obtained money. The money laundering process can be broken down into three stages. First, the illegal activity that garners the money places it in the launderer’s hands. Second, the launderer passes the money through a complex scheme of transactions to obscure who initially received the money from the criminal enterprise. Third, the scheme returns the money to the launderer in an obscure and indirect way.

Credit Card Fraud

credit card fraud: an overview

Credit card fraud is a form of identity theft that involves an unauthorized taking of another’s credit card information for the purpose of charging purchases to the account or removing funds from it. Federal law limits cardholders’ liability to $50 in the event of credit card theft, but most banks will waive this amount if the cardholder signs an affidavit explaining the theft.

Credit card fraud schemes generally fall into one of two categories of fraud: application fraud and account takeover.

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Federal Fraud Statutes

Federal Judicial Decisions

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New York State Judicial Decisions

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Antitrust Violations

Violations of laws designed to protect trade and commerce from abusive practices such as price-fixing, restraints, price discrimination, and monopolization.  The principal federal antitrust laws are the Sherman Act (15 U.S.C. §§ 1-7) and the Clayton Act (15 U.S.C. §§ 12-27).  

See White-collar crime

Actual Damages

Money awarded to compensate for actual losses (also called "compensatory damages").  The amount awarded is based on the proven harm, loss, or injury suffered by the plaintiff.  This award does not include punitive damages, which may be awarded when the defendant's actions are especially reckless or malicious.

See Birdsall v. Coolidge, 93 U.S. 64, 64 (1876) for a Supreme Court decision confirming that actual and compensatory damages mean the same thing.

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