For "fraud" to occur, someone has to abscond with funds or something
of value- otherwise, there's no loss.

Where'd you go to law school, **** U. ??


Rewriting law, again, eh?
Per Black's Law Dictionary:

Fraud. An intentional perversion of truth for the purpose of inducing another
in reliance upon it to part with some valuable thing belonging to him or to
surrender a legal right; a false representation of a matter of fact, whether by
words or by conduct, by false or misleading allegations, or by concealment of
that which should have been disclosed, which deceives and is intended to
deceive another so that he shall act upon it to his legal injury. . . . Any
kind of artifice employed by one person to deceive another. . . . A generic
term, embracing all multifarious means by which human ingenuity can devise, and
which are resorted to by one individual to get advantage over another by false
suggestions or by suppression of truth, and includes all surprise, trick,
cunning, dissembling, and any unfair way by which another is cheated. . . .
"Bad faith" and "fraud" are synonymous, and also synonyms of dishonesty,
infidelity, faithlessness, perfidy, unfairness, etc. (Citations omitted.)

I don't see anything saying "but if you get caught and offer the money back,
it's not fraud." The focus is on intent and purpose.


--Bob Farace

"I only believe in fire." --Anais Nin