Although the scam is the classic crime – historical heritage configured as the base type of fraudulent behavior , it is very common that your application is invoked in very specific areas of economic crime strict sense , despite the super-individual or collective dimension object protection underlying the offenses that fall under the so-called economic criminal law .
But is it correct application of the crime of fraud where the injury rests on a more or less diffuse community of people , and in very specific areas of economic activity ? In recent years we have witnessed the damage caused by the saver – investor ” fraudulent business ” , and in all these cases automatically invokes the crime of fraud , precisely because the first element is perceived is the existence of economic damage .
Despite the apparent simplicity in the interpretation of this crime , it could be argued that the necessary connection ( and uniqueness ) of the elements that compose it leads in many cases to face practical problems , for example when you have to determine whether we are dealing with one hiring civil fraud (dolus in contrahendo ) , an idol subsequens – associated with a breach of contract , fraud or swindle typical .
These issues have not been sufficiently developed in our criminal justice system , and does not usually reflect on the relationship between the classic crime of fraud and other economic crimes related , because apparently in practice assume – perhaps unconsciously – forensic procedural perspective economic crime , based on the claim that these behaviors are pure property offenses with evidentiary complexities .
About the economic damage to the Congregation of the Sisters Teresian discussing the commission of a serious fraud and other fraudulent offering credit assets , although the means do not specify the bankruptcy regime that is intended to apply to defendants ie if requested material accumulation of sentences of the two offenses or the application of a single penalty increased .
The offering fraudulent credit purposes ( art. 264 CP ) is a crime that by its configuration in comparative law has always been associated with the crime of fraud , (eg . , The § 264- a- German CP picks the investment scam Kapitalanlagebetrug – capital , or the new art. 282 bis of the Spanish CP , which punishes the crime of fraud of investors , but certainly German and Spanish doctrine have admitted that we are not really looking at a scam itself said , because in principle it is not necessary causation of prejudice ) .
It is likely that the thread of this observation the Nicaraguan legislature has chosen to introduce a nomen iuris little identifiable with the scam, although this crime must be suitable false information to cause harm to others.
Although it is not possible to develop here the bankruptcy treatment in our opinion should be given to this criminal , I understand that if the offer fraudulent credit purposes is identified with the first element of the fraud ( deception ), which in turn motivates the error , the act of disposal of assets and the financial loss , then had to admit the existence of a conflict of laws (not crimes ) , which would lead to the application of a single crime , to the exclusion of the other.
The federal government will announce today a Decalogue with the grounds for action on security and law enforcement for years, including the protocols to be followed by the police forces of the country.
The announcement will take place at the official residence Los Pinos, in the context of the National Public Security Council. There will be emphasis on protocols to govern security and justice, and the need to protect human rights.
In the 10-point document, to be presented to the security cabinet and the governors of the country, it is mentioned that instructed the immediate development of protocols for the security forces across the country, so as to ensure full respect of human rights.
“Citizens need security guarantees to safeguard life, liberty and property. Therefore, the various state police agencies and federal, must have capabilities, personnel and conditions that ensure professionalism and efficiency. “
The purpose is for each entity to, with support from the federal government, corporations consolidate gradually resume in full public security functions that currently take place, in some municipalities, the Army and Navy in support of the authorities civilians.
A few months ago president Enrique Pena Nieto announced the five regional operation preparation, updating and specialization of police forces, as well as a training center specializing in Security Control.
In criminal justice emphasizes the need to issue a Unique Code of Criminal Procedure to allow uniform application of legal criteria to generate certainty and legal security.
The Law Society of Valencia (ICAV) held last week the addition of 150 new lawyers Valencia. During the ceremony, the Dean of ICAV, Mariano Duran announced the creation in September, a forum for Justice in Valencia. “A working group where judges, lawyers, prosecutors, and all those acting in justice work with the aim of improving resource management Valencia Justice,” specified.
The Convention Centre hosted the solemn ceremony of swearing or affirmation of office, in which the new law professionals committed to meet the standards of the profession and to defend the interests of citizens.
During the event, presented the Award Berni Jesus Catala Olarte, secretary of the Civil and Criminal TSJCV for working with law. Six medals were also awarded to the Advocacy Merit Valencia Fernando de Rosa, Vice President of the General Council of the Judiciary; Nazario de Oleaga, Dean of Biscay; Pedro Yufera, former Dean of the ICAB and Jose Flors, former Judge of the Supreme Court-that able to attend the medal-collecting, and lawyers and Eugenio Sirera Ernesto Mata.
The ceremony was chaired by the Dean of the College of Lawyers of Valencia, Mariano Duran, the Dean, Rafael Bonmatí and Deputies of the current Governing Board ICAV. As guests of honor attended: Fernando de Rosa, Vice GCJ, Gabriela Bravo, Member of GCJ, Pilar de la Oliva, President of the High Court of Valencia, Francisco Montendre, Chief Justice and Gonzalo Lopez, Acting Prosecutor the Supreme Court, among other authorities.
Maybe some people who have divorced their partner, they have crossed your mind take your child to live abroad, which would prevent its contact with their father or mother, who would be living in Spain.
First we must address what rights holds the other spouse, and know that we must respect. These rights can be of custody or visitation obviously agreed following a divorce.
If it happens that we took our son to live abroad, and deprive the other spouse of their legitimate right to custody or visitation organize, or in other words, “we want to elope with our son,” we are making simple and simply a ‘parental abduction’ or ‘international abduction “, or as lawyers say, a” hold minor illegal foreign country. “
Obviously the issue is complex, serving in each case to a series of special issues related to family law and criminal law. Each case is different and without any comparison between them, if you have a question applicable to common international law.
In view of this, this article wants to convey that Spain is part of several Multilateral Agreements and Bilateral many that are aimed at international cooperation between countries to avoid these situations and ensure the effective right to custody and visitation (as appropriate ). One of the most significant is the Hague Convention of 1980.
Each country has a “Central Administration” that takes care of solving this type of situation. In Spain if we have a similar problem, we can start by heading for the office General for International Legal Cooperation.
Caveats: What issues can argue whether we have finally decided to take our son abroad?
- There may be a problem of gender violence and the child is in serious danger. In this case it would restore the child.
- Maybe the child has spent time abroad and has more roots in that country than in Spain. There would then be discussed if appropriate restitution, because it takes into account the interest of the child, and to go against their will, would be like a second kidnapping.
But before you contact a personal injury lawyer, you should know how to prepare your evidence so that the attorney can get you the best possible defense. Always remember to take snaps of the accident scene, the faulty party and your status during the accident. Your cell phone would be handy here. Then, you should report to the police about the accident and make sure to have an accurate copy of the report- any omission here can mean omission in your compensation value as well. Lastly, it’s needless to mention that you must consult a specialist doctor immediately and have the prescription and clinical test records in proper place so that you can produce them easily while filing a personal injury case.
After President Juan Manuel Santos ensure that transitional justice has already been used paramilitary albeit “not very successful”, the attorney general, Eduardo Montealegre agreed with the president, noting that the purpose in the current process peace is to correct the shortcomings that left past experiences.
“Transitional Justice and the demobilization process was tested with the AUC has serious problems. One of them is that they tried to investigate all crimes and all those responsible for serious human rights violations committed by the paramilitaries, “said Montealgre.
The prosecuting body chief said transitional justice frameworks are experiences of the last decades worldwide. She also noted that the framework presented raised Colombia as the Attorney General to the Constitutional Court “does not violate the structure of the Constitution, it is an attack on human rights.”
Eduardo Montealegre considered it more sensible and contributes more to the fight against impunity transitional justice system focused on heads as a maximalist system which was tested against the AUC.
Finally, the face of criticism from some quarters to the framework for peace that arises in the current negotiations with the FARC guerrillas, the Attorney General’s Office issued an invitation to the “apologists of war rather ride on the big locomotive peace. “
Through the agreed 15/2013, the Supreme Court of Justice of the Nation established that the federal or national chambers and oral courts, without exception, publish-only-all judgments, and administrative rulings agreed to subscribe to through the Judicial Information Center, this, with legal safeguards respective courts adopt, as appropriate, in order to the protection of personal rights of those who, being part or others in the process, could be affected by the spread of protected data.
The High Court noted that transparency and publicity of governance are fundamental pillars of a democratic society, and recognized that the central principle of access to information held by the state is the right of every person to know how their leaders and public officials perform, as indicated in its judgment in the “Civil Rights Association c / EN – PAMI”.
He also said that “the principle of publicity of government acts is inherent to the republican system established in the Constitution, so that compliance is an essential requirement for public authorities”.
The agreed upon was signed by ministers Ricardo Lorenzetti, Elena Highton de Nolasco, Carlos Fayt, Enrique Petracchi, Juan Carlos Maqueda and Carmen Argibay.
Adverse Inference: The Ultimate Sanction That New York Divorce Judges Impose Against Spouses Who Try to Hide Their Assets
Living in New York City presents stress-inducing challenges that can overwhelm even the most jaded of New Yorkers. Quite simply, this is a very tough town. The pace is fast; the streets are crowded; and the prices are high – very high. The emotional and financial challenges of NYC are manifested in New York City’s matrimonial courts – where even a seemingly “simple” divorce can entail month-after-month of court appearances.
New York divorces that are “contested” (i.e., in which the parties do not agree about financial, custodial or other questions) have been known to drag on for years. Marc Rapaport, from Rapaport Law Firm, PLLC, noted that the New York Post’s infamous Page 6 bluntly concluded: “Anyone who can survive a divorce in this town deserves a plaque on the wall.”
Nobody has fully explained why divorce is so much more difficult and expensive in New York than in other parts of country. Undoubtedly, at least one factor is the very culture of New York City and the expensive New York divorce lawyer. Quite simply, a person who is able to thrive in New York is also likely to be someone who is willing to stick to their guns in a fight.
Someone who is willing to fight for a taxi cab at rush hour is similarly likely to stand up for their legal rights – particularly when their battle is against a much-hated ex who inflicted emotional misery upon them. Take two, emotionally-charged spouses – and put them in a New York City Courtroom – and the result is a level of nastiness that is usually seen only on the big screen. Sometimes, the unpleasantness involves dishonesty by one of the parties.
In some instances, the New York divorce judges are confronted with cases in which one spouse is willfully hiding his or her assets (i.e., lying). For example, in some instances, there are signs that one of the spouses deposited funds with foreign banks that are beyond the subpoena power of the court.
In other instances, a party may deny having an ownership interest in a business that they have openly operated for years. Depending on the extent and blatancy of such misconduct, the divorce courts have a variety of mechanisms they can use to achieve justice even in the face of such dishonesty.
In the face of an incomplete evidentiary record that has gaps that are caused a spouse’s nondisclosure of assets, the court may simply deem as true the other spouse’s allegations regarding the extent and value of the secreted property. This remedy is sometimes referred to as an “adverse inference”.
For example, in S.A. v. K.F., Justice Sunshine (a prominent matrimonial jurist in Brooklyn) held that for purposes of equitable distribution, a party’s allegations regarding the value of certain assets may be deemed true where the other party has refused to comply with discovery obligations:
Due to the husband’s lack of documentation regarding his net worth and the conflicting 2005 statement of net worth, trial testimony and summation, this court’s knowledge of the husband’s finances, particularly his assets, liabilities and income, is limited to the sparse documentary evidence discussed herein, and the parties testimony. Where one party fails to provide information pursuant to discovery, the appropriate sanction, at the court’s discretion, is to hold what the other party says as truth, with regards to the information in discovery being withheld (see Miceli v. Miceli, 233 A.D.2d 372, 373, 650 N.Y.S.2d 241, 242 (2dDept., 1996))
S.A. v. K.F., 22 Misc.3d 1115(A), 880 N.Y.S.2d 226 (Kings Cty. Sup. Ct. 2009).
Similarly, in Rocano v. Rocano, 12 Misc.3d 1169(A), 820 N.Y.S.2d 845 (Kings Cty. Sup. Ct. 2006), the husband held an ownership interest in real property located in Brooklyn, New York. However, because the Court determined that husband was less than forthcoming regarding the extent and nature of his interest (claiming, for instance, that he was “in the dark” as to the value of the property at issue) the Court drew an adverse inference against him:
Accordingly, the wife is awarded 100 percent of the husband’s right, title and interest in the 40th Street property. The court does so recognizing that the husband has not been truthful about his assets or income. The husband attempts to feign ignorance with regard to the income generated from the disclosed assets and his ownership interest therein. He is unconvincing.
Rocano v. Rocano at 23.
As the foregoing decisions demonstrate, attempting to hide assets in a divorce case is not merely wrong – but also counterproductive.
Marc A. Rapaport is a New York divorce attorney with 19 years of experience. Mr. Rapaport is the founder of Manhattan’sRapaport Law Firm, PLLC, a full-service matrimonial law firm that provides legal representation in no-fault divorce and other family law matters.
Eric Schiffer, top business executive and director, was the overall leader and officer of 99 Cents Only Store, top discount shop in the United States. The popular retail chain had become very successful in offering its clients of daily goods and products for the household at truly low prices. The general public will be able to buy every type of household items with prices that start at 99 cents only. It can be a toilet cleaner, or dish washing soap, all items that are sold at the store are available at a mere 1 dollar.
However, there are items with prices that are pushed way above the dollar mark because of prevailing taxes. Overall, the public is satisfied with the affordable cost of items since they are perfect for their meager budget. This great patronage of the public to 99 Cents is the reason for the positive development of the store. However, the overall success of the business cannot be achieved without the efforts of Mr. Schiffer.
There is no doubt about it – Schiffer was highly instrumental in the development of the retail chain. Ever since he joined 99 Cents way back in 1991, he immediately worked to ensure the success of the shop. He devised ways so that it is still profitable for the store to continue doing business while maintaining its products’ low prices. Indeed, as president and director of the store, he has proven his superb abilities to enhance the profitability of the retail business chain, making it into one of the most popular shops for the American consumers.
How did Eric Schiffer become the top man at 99 Cents Only Store? Ever since he joined the company, he has made and implemented various programs that resulted in great things for 99 Cents. He first started as a manager in one of the stores, and after nine years, he was awarded with a much deserved promotion. And this is as president of the whole company. In the year 2005, he was promoted yet again, this time as CEO of 99 Cents Only Store. Currently, he still serves as Chief Executive Officer of the company, as well as its overall Director.
This work was created as a way to draw attention to the need to think, from political philosophy, the chances of achieving justice in relation to the law, which requires us to dwell on very specific analysis regarding diversity, the difference, the implications of multiculturalism, citizenship future of globalization, the creation and understanding of the law, the work of politics and education.
Thick Ignacio Dolphin addresses the conditions of a just society, and this is relevant because justice, moral category as politics, has been thought in Western philosophy as a virtue linked to equality and not to the difference or diversity, as does occur in this study. Edward Javier Ordonez, meanwhile, examines the emergence of multiculturalism and its conceptual migration towards multiculturalism. Erick Meza Valdes believes that the principle of autonomy developed by biolaw doctrine, beyond being treated as capacity needs to classify its status as an inalienable right, for which it must interact with two principles that he calls, justice and pluralism.
Heads Obando Aristides analyzes the multiplicity of meanings and meanings of citizenship that today feed the legal-philosophical debate, to see human rights approach to a point of convergence that enables an adaptation redefinition of citizenship, in light of the diversity and globalization. Juan de Dios Ibarra Gonzalez and Jose Luis Diaz Salazar decostructiva propose a task regarding the Mexican crossroads to achieve political legitimacy and reliable institutions, ethical and social capital conducive to social peace future. In this exercise in deconstruction, contrary to what is often thought when you consider that philosophy has nothing to do with the law itself is part of a stream or juspositivista pragmatic extreme Guadarrama Alvaro Gonzalez says the important link that exists between the philosophy of law and the creation of legal norms.
With the understanding that a careful reading of the classics provides food for thought for the critical analysis of current political events, Rodrigo Mier Gonzalez Cadaval explores some of the ways in which you have read in the field of political philosophy Prince of Machiavelli. His interest in modes of reading on this work party, “against, of verismos that have been built around the text.” Meanwhile, Ever Eduardo Romero Velazco Machiavelli tries to show that it is inconceivable policy effectiveness without resorting evil, not because it is necessary to be immoral to be efficient in political action, but because it is an integral and unavoidable human experience. Armando Villegas contreras a reading of some rhetorical twists that appear in the writings of Machiavelli and Hobbes, which, in his view, methodological problems, because it necessary to take the metaphors and other rhetorical devices of texts as something more than an aggregate aesthetic writing both. Sources Adrian Gonzalez from the study of Hannah Arendt’s thesis, attempts to show that there are factual circumstances and conditions that limit the action potential and political life, which is a worse outcome when comparing the philosophical tradition and the demands contemporary social. Read the rest of this entry »