Dec 5, 2011 12:23
12 yrs ago
1 viewer *
German term
einheitlicher Betrug
German to English
Law/Patents
Law (general)
"Das LG hat das Verhalten des vormaligen Mitangeklagten Y. im Blick auf die gesamte Tarifperiode 2001/2002 als (einheitlichen) Betrug in mittelbarer Täterschaft gewertet."
This is from a rather complex account of a case in which senior management at a municipal utility company are being accused of being complicit in fraud (Y. knew that the charges being levied had been incorrectly calculated but failed to take action to put it right). But how to translate "einheitlich"?
I did come across this definition (which may or may not apply here, although it sounds plausible): "Treten Eingehungs-Betrug und Erfüllungs-Betrug in einer Sache auf, so liegt ein einheitlicher Betrug vor" - but that still leaves me searching for the right word for "einheitlich"
This is from a rather complex account of a case in which senior management at a municipal utility company are being accused of being complicit in fraud (Y. knew that the charges being levied had been incorrectly calculated but failed to take action to put it right). But how to translate "einheitlich"?
I did come across this definition (which may or may not apply here, although it sounds plausible): "Treten Eingehungs-Betrug und Erfüllungs-Betrug in einer Sache auf, so liegt ein einheitlicher Betrug vor" - but that still leaves me searching for the right word for "einheitlich"
Proposed translations
(English)
| 3 +1 | concurrence of fraudulent acts |
Kim Metzger
|
| 4 | a single act of fraud |
Margaret Marks
|
| 3 | unitary act of serial fraud |
Adrian MM. (X)
|
| 2 | concerted fraud |
Colin Rowe
|
Proposed translations
+1
2 hrs
Kim Metzger
Mexico
Mexico
Native in English
Works in field
Mexico
Committed to Quality and Service
Native in: English (Variant: US) 
Works in: German to English
Related KudoZ points
:
1244
Selected
concurrence of fraudulent acts
Maybe.
Tateinheitlich – concurrence of offences committed through a single act and allowing joinder of charges
Taschenwörterbuch Recht – R. Lister/K. Veth
from Contract Law in the USA
Courts who apply the rule to fraud claims commonly distinguish between fraud in the inducement of the contract and fraud in its performance.
Fraud in the inducement involves misrepresentation made before or during the formation, where those representations cause the hearer to enter into the contract. Fraud in the performance occurs when one party makes a misrepresentation after the contract has been formed, in the course of her performance under the contract.
http://tinyurl.com/7m8e8ab
In other recent construction cases the City’s attorneys have asserted both fraud in the inducement and fraud in the performance of contract as defenses and counterclaims, and sought to recoup the money that the City paid the contractor for completed and accepted work. Lower courts have accepted the City’s arguments and allowed the City to pursue recoupment even though the City contract provides for specific alternative penalties for the purported fraud.
http://www.pecklaw.com/PDF_files/Client_Alert-Fraud.pdf
What is Fraudulent Misrepresentation?
Misrepresentation in general is a legal term that means "a false statement of fact that has the effect of inducing someone into a contract." For example, telling someone a stereo is "practically new" so that they buy it, when it is in fact 5 years old and heavily used.
Fraudulent misrepresentation is one of the three recognized varieties of misrepresentations in contract law. Basically, it means that you not only lied or misrepresented something about a transaction, but that you did it on purpose, in order to trick the other party. Therefore, it is the most serious of all the types of misrepresentation and has the worst penalties.
http://www.legalmatch.com/law-library/article/fraudulent-mis...
Tateinheitlich – concurrence of offences committed through a single act and allowing joinder of charges
Taschenwörterbuch Recht – R. Lister/K. Veth
from Contract Law in the USA
Courts who apply the rule to fraud claims commonly distinguish between fraud in the inducement of the contract and fraud in its performance.
Fraud in the inducement involves misrepresentation made before or during the formation, where those representations cause the hearer to enter into the contract. Fraud in the performance occurs when one party makes a misrepresentation after the contract has been formed, in the course of her performance under the contract.
http://tinyurl.com/7m8e8ab
In other recent construction cases the City’s attorneys have asserted both fraud in the inducement and fraud in the performance of contract as defenses and counterclaims, and sought to recoup the money that the City paid the contractor for completed and accepted work. Lower courts have accepted the City’s arguments and allowed the City to pursue recoupment even though the City contract provides for specific alternative penalties for the purported fraud.
http://www.pecklaw.com/PDF_files/Client_Alert-Fraud.pdf
What is Fraudulent Misrepresentation?
Misrepresentation in general is a legal term that means "a false statement of fact that has the effect of inducing someone into a contract." For example, telling someone a stereo is "practically new" so that they buy it, when it is in fact 5 years old and heavily used.
Fraudulent misrepresentation is one of the three recognized varieties of misrepresentations in contract law. Basically, it means that you not only lied or misrepresented something about a transaction, but that you did it on purpose, in order to trick the other party. Therefore, it is the most serious of all the types of misrepresentation and has the worst penalties.
http://www.legalmatch.com/law-library/article/fraudulent-mis...
Peer comment(s):
| agree |
philgoddard
: I think you have to say something like "constituting a single act".
32 mins
|
4 KudoZ points awarded for this answer.
Comment: "Thanks for all the information."
57 mins
Colin Rowe
Germany
Germany
Native in English
Germany
Par Excellence Translations
Native in: English (Variant: British) 
Works in: German to English, French to English, Italian to English, and 3 more.
Related KudoZ points
:
20
concerted fraud
"Wörterbuch der Rechts- und Wirtschaftssprache" (Romain/Byrd/Thielecke) offers "concerted" as one possibility for "einheitlich".
There are a number of potentially interesting Google hits for "concerted fraud".
This may be a possible avenue for further investigation.
There are a number of potentially interesting Google hits for "concerted fraud".
This may be a possible avenue for further investigation.
3 hrs
a single act of fraud
To distinguish it from concurrent offences - Tateinheit or Tatmehrheit affects the sentence.
7 hrs
unitary act of serial fraud
as a series of choate = completed or consummated offences, whether Eingehungs- or Erfüllungs-betrug.
Example sentence:
the forgery count and the attempted fraud over $250 count. He asserted that because passing the check was a single act and both convictions stemmed from the same unitary act ...
Discussion