Migrant workers posing as foremen got 1000 yuan from the boss and gave it to 1000 yuan. Is it a crime of fraud?

The basic concept of the crime of fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. Like special fraud, it is one of the important crimes against property stipulated in Chapter V of the Specific Provisions of the Criminal Law.

Compared with crime, it belongs to ordinary fraud.

The crime of fraud refers to the act of defrauding a large amount of public and private property by means of fictional facts or concealing the truth for the purpose of illegal possession. It is generally believed that the basic structure of this crime is that the actor cheats for the purpose of illegal possession.

Fraud → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.

Elements of folding object in crime constitution

The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.

The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions. Because article 193 of the criminal law has specifically stipulated the crime of loan fraud.

Objective elements

Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property.

First, the perpetrator committed fraud. Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding. The content of fraud is to make the victim have a wrong understanding and make the property disposal that the perpetrator wants under certain circumstances. Therefore, fabricating or concealing past facts, or present facts and future facts, as long as they have the above contents, is a kind of fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud. Fraud must reach the point where ordinary people can have a wrong understanding and exaggerate the goods they sell. If it is not beyond the tolerance of society, it is not fraud. There are no restrictions on the means and methods of fraud, which can be either verbal fraud or behavioral fraud (fraud itself can be either an act or an omission, that is, there is an obligation to inform a certain fact, but the failure to fulfill this obligation makes the other party fall into a wrong understanding or continue to fall into a wrong understanding), and it is also fraud for the actor to use this wrong understanding to obtain property. According to the provisions of Article 300 of the Criminal Law, anyone who organizes or uses religious sects or cult organizations or uses superstition to defraud property shall be punished as fraud.

Secondly, fraud makes the other party have a wrong understanding. The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the other party's disposition of property, it is bound to involve the other party's misunderstanding. If the other party disposes of the property due to fraud and does not cause misunderstanding, it is not a crime of fraud. As long as the fraudulent party asks for the person who has the authority or status to dispose of the property, he should not ask for the owner or possessor of the property. The behavior that the actor brings a civil lawsuit to provide false statements and false evidence to make the court make a judgment in favor of him, so as to obtain property is called litigation fraud, but it does not belong to the crime of fraud (for details, please refer to the Reply on How to Apply the Law to Deceive the Civil Judge of the Court to Possess Other People's Property by Forging Evidence issued by the Legal Policy Research Office of the Supreme People's Procuratorate on June 5438+1October 4, 2002).

Thirdly, the establishment of the crime of fraud requires the victim to dispose of his property after falling into a wrong understanding. Property disposition includes disposition behavior and disposition intention, and this requirement is made to distinguish fraud from theft. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator picks up the property, he should also be punished as fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain goods in the vending machine does not constitute fraud, but only theft.

Finally, after the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. According to Article 266 of the Criminal Law, it is a crime to defraud a large amount of public or private property. According to the latest judicial interpretation of 20 10 165438 adopted at the 49th meeting of the 11th supervisory committee of the Supreme People's Procuratorate, the amount of fraud is relatively large, ranging from 3000 yuan to 10000 yuan. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law.

In addition, it should be noted that the crime of fraud is not limited to cheating tangible things, but also includes cheating intangible things and property interests. According to the relevant provisions of Article 2l0 of the Criminal Law, it is a crime of fraud to defraud special VAT invoices or other invoices that can be used to defraud tax refund and tax deduction.

Theme element folding

The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.

Subjective element folding

Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.

Archiving standard folding common fraud folding

Generally, fraud and theft are the same. For fund-raising fraud, loan fraud, bill fraud and other economic fraud, please refer to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards for Economic Crimes.

Fraud public and private property

Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, 1. According to the provisions of Articles 151 and 152 of the Criminal Law, swindling public or private property with a large amount constitutes the crime of fraud. Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".

The boundary between crime and non-crime

The boundary with lending behavior

If the borrower is in arrears for a long time for some reason, or fabricates a lie or conceals the truth to defraud money and materials, it can't be repaid at maturity, as long as there is no purpose of illegal possession, no profligacy or deception, and it really means repayment; There are still some people who forge repayment vouchers after issuing IOUs and falsely claim that they have repaid, which is still a loan dispute and does not constitute fraud.

And the boundaries of avoiding liabilities due to losses.

If it is indeed a fund-raising enterprise, but because of poor management, loss of debt, going out to avoid debt, or property debt disputes. This is essentially different from fraudsters who abscond with money for the purpose of illegal possession in the name of raising funds to run enterprises.

The boundary between folding and swindling

Both use deception, and the latter may also obtain property benefits, which are the same; But the subjective purpose, criminal means, the amount of property and the object of infringement are all different. The crime of swindling and cheating is a swindling and cheating act aimed at defrauding all kinds of illegal interests, pretending to be a state functionary, and damaging the prestige of state organs, social public interests or citizens' legitimate rights and interests. The fraud not only includes property (but not limited to the amount), but also includes work, position, honor, etc., which belongs to the crime of disturbing social management order. Criminals impersonate state functionaries to defraud public and private property, which infringes on property rights and damages the prestige and normal activities of state organs. They are implicated offenders, and should be charged according to the main object and main harmfulness of the act and given a heavier punishment. If the amount of property defrauded is not large, but the prestige of state organs is seriously damaged, it should be punished as the crime of swindling and cheating; Otherwise, it is defined as fraud. If both objects are seriously violated, they are generally treated as fraud according to the principle of a felony. Two kinds of crimes have been committed independently, and if they are not related to each other, they shall be dealt with according to the principle of combined punishment for several crimes. (3) The boundary between this crime and other fraud crimes stipulated in this Law.

The remaining chapters of this law respectively stipulate crimes such as fund-raising fraud, loan fraud, financial bill fraud, letter of credit fraud, credit card fraud, securities fraud, insurance fraud and contract fraud. These fraud crimes are the same as this crime in subjective and objective aspects, but they are different in subject, criminal means, subject elements and objects, which are easy to distinguish. Therefore, this article stipulates that "if there are other provisions in this law, those provisions shall prevail."

Folding of legal basis and folding of criminal law provisions

Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 210, paragraph 2, whoever defrauds special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or offset taxes shall be convicted and punished in accordance with the provisions of Article 266 of this Law.

Article 269 Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Article 300 The third paragraph of the article organizes and uses cult organizations or superstitions to rape women and defraud property, and shall be convicted and punished in accordance with the provisions of Articles 236 and 266 of this Law respectively.

Article 287 Whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.

Related decision folding

The Decision of NPC Standing Committee on Maintaining Internet Security (2000. 12.28) aims to protect the legitimate rights of individuals, legal persons and other organizations. If one of the following acts constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law: theft, fraud and extortion by using the Internet.

Judicial interpretation folds "two high interpretations"

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud was adopted by the the Supreme People's Court Judicial Committee at its meeting 15 10. On June 20/20 10/4 years1October 24, the 11th the Supreme People's Procuratorate Procuratorate.

20 1 1 year March 1 day

In order to punish fraudulent criminal activities in accordance with the law and protect the ownership of public and private property, according to the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the needs of judicial practice, some issues concerning the specific application of law in handling fraudulent criminal cases are explained as follows:

Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.

The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

Article 2 Whoever defrauds public or private property to the amount specified in Article 1 of this Interpretation, under any of the following circumstances, may be given a heavier punishment according to the provisions of Article 266 of the Criminal Law:

(a) sending text messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority.

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials.

(3) Fraud in the name of collecting donations for disaster relief.

(four) defrauding the disabled, the elderly or the disabled.

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

Article 3 Although swindling public or private property meets the standard of "large amount" as stipulated in Article 1 of this Interpretation, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:

(1) Having the circumstances of lenient punishment as prescribed by law.

(two) before the judgment of first instance, all the stolen money and goods have been returned or refunded.

(three) did not participate in the stolen goods or less stolen goods and not the principal.

(4) The victim understands.

(5) Other circumstances are minor and harmless.

Article 4 Whoever defrauds the property of a close relative and the close relative knows it may generally not be treated as a crime.

If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.

Article 5 Anyone who attempts to defraud, with a huge amount or other serious circumstances, shall be convicted and punished.

Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):

(1) Sending more than 5,000 pieces of fraudulent information.

(2) Make fraudulent phone calls for more than 500 times.

(3) The fraudulent means are bad and the harm is serious.

If the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).

Article 6 If the accomplished fraud and attempted fraud reach different sentencing ranges respectively, they shall be punished according to the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as fraud.

Article 7 Whoever knowingly provides credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, fee settlement and other assistance shall be punished as * * *.

Article 8 Whoever impersonates a functionary of a state organ to commit fraud and at the same time constitutes a crime of fraud shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 9 If the ownership of fraudulent property and its fruits that have been sealed up, detained or frozen after a crime is clear, it shall be returned to the victim; If the ownership is unclear, the victim may be returned according to the proportion of the defrauded money and goods to the total amount of property and fruits seized, detained or frozen in this case, but the compensation already returned shall be deducted.

Article 10 The actor has used the defrauded property to pay off debts or transfer it to others. In any of the following circumstances, it shall be recovered according to law:

(1) The other party collected it knowing that it was fraudulent property.

(2) The other party obtains fraudulent property free of charge.

(3) The other party obtains fraudulent property at a price significantly lower than the market price.

(4) The fraudulent property obtained by the other party originated from illegal debts or illegal and criminal activities.

If another person obtains fraudulent property in good faith, it will not be recovered.

Article 11 If the previously issued judicial interpretation is inconsistent with this interpretation, this interpretation shall prevail.

The Supreme People's Court's explanation.

(1996.12.16 Fa Fa Fa Fa [1996] No.32).

In order to punish fraud crimes according to law, according to the relevant provisions of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law) and the Decision of the NPC Standing Committee on Punishing Crimes of Disrupting Financial Order (hereinafter referred to as the Decision), several specific issues in the trial of fraud cases are explained as follows:

1. According to the provisions of Articles 151 and 152 of the Criminal Law, defrauding a large amount of public or private property constitutes a crime of fraud.

Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".

Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud. The huge amount of fraud is an important part of fraud, but it is not the only plot. The amount of fraud is more than 654.38+10,000 yuan, and under any of the following circumstances, it should also be considered as "the circumstances are particularly serious":

(1) The ringleader of a fraud group or the principal of a major fraud crime.

(2) The recidivist or fugitive commits serious crimes;

(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses.

(4) defrauding disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials, thus causing serious consequences;

(five) squandering fraudulent property, resulting in fraudulent property can not be returned.

(six) the use of fraudulent property for illegal and criminal activities.

(7) Having received criminal punishment for fraud.

(8) Causing the victim's death, mental disorder or other serious consequences;

(9) Other serious circumstances.

The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 to 654.38+10,000 yuan, and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 151 of the Criminal Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of the Criminal Law.

For the crime of * * * with the nature of fraud, the amount of the crime should be determined by the amount of the actor's participation in the crime of * * * with the nature of fraud, and the punishment should be given according to the status, role and illegal income of the actor.

Fraud has been started, but the property cannot be obtained due to reasons other than the will of the actor, which is an attempted fraud. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law.

The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic development of the region and considering the social security situation, determine that the amount of personal fraud in the region is large and the amount of unit fraud is huge within the range of "2,000 yuan to 4,000 yuan" and "30,000 yuan to 50,000 yuan" respectively, investigate the criminal responsibility of the relevant personnel, and determine the applicable criminal law with reference to the amount stipulated in the fourth paragraph.

When calculating the amount of fraud, the amount returned before the crime should be deducted and determined according to the actual amount not returned. When sentencing, the amount defrauded many times can be considered as aggravating circumstances.

If the perpetrator commits fraud, the property seized or frozen after the crime and the fruits thereof shall be returned to the victim if the ownership is clear; If the ownership is unclear, it can be returned to the victim according to the proportion of the money and goods defrauded by the victim to the seized or frozen property and the total interest; If it can be determined that the seized or frozen property and its interest do not belong to the identified victim, but it cannot be returned to the unidentified victim, it shall be turned over to the state treasury according to law.

If the perpetrator has used the fraudulent property to repay personal debts, pay for goods or other economic activities, and the other party knows that it is fraudulent property, it is obtained in bad faith and should be recovered; If it is obtained in good faith, it will not be taken back.

The monetary amount used in this interpretation refers to the RMB amount. If a specific case involves foreign currency, it shall be converted into RMB according to the foreign exchange quotation published by the State Administration of Foreign Exchange at the time of the act.

In this interpretation, "above" includes this number.

Criminal punishment folding "criminal law" provisions folding

1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined.

2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Judicial interpretation folding

According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 201/), if the amount of fraudulent public or private property is more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan, it shall be deemed as "large amount" or "huge amount".

Whoever defrauds public or private property to reach the above-mentioned amount standard under any of the following circumstances may be given a heavier punishment as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

(a) sending text messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority.

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials.

(3) Fraud in the name of collecting donations for disaster relief.

(four) defrauding the disabled, the elderly or the disabled.

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

crime of financial fraud

This is a crime against financial, bill and insurance laws and regulations. Mainly includes the crime of fund-raising fraud; Crime of loan fraud; Crime of bill fraud; Letter of credit fraud; Credit card fraud; Insurance fraud, etc.

1, fund-raising-fraud: illegally raising funds from the public.

2. Loan fraud: obtaining loans from banks or other financial institutions.

3, bills, financial documents, letters of credit, credit cards, national securities-fraud:

A) according to the object of fraud. Whoever uses it to forge and cheat will choose a felony. Stealing credit cards and their use [theft].

B) Five situations of bill fraud should be paid attention to; Four situations of credit card fraud.

4. Insurance-fraud:

Five legal situations. Among them, it should be pointed out that:

A) Whoever commits murder and arson at the same time of insurance fraud shall be punished for several crimes.

B) The appraisers, witnesses and property appraisers may intentionally commit the crime of "* * *", and if the crime is caused by serious irresponsibility (i.e. negligence) in their work, they shall be convicted of [the crime of material inaccuracy in the certification documents issued by the personnel of the intermediary agency].

(3) An employee of an insurance company who takes advantage of his position to defraud the insurance money into personal possession shall be convicted of [the crime of embezzlement by taking advantage of his position].

A typical case of fraudulent acquittal

Beijing Evening News and Phoenix. Com report (abstract): "He evaded debts and was arrested for clearing the net. He escaped for more than ten years and was finally acquitted. "

Fushun court ruled that Wu Yumin was not guilty!

The indictment of the procuratorate accused Wu Yumin, the legal representative of the high-tech zone oil company of Luohe Petrochemical Group, of defrauding Fushun Credit Cooperative Company of a total price of 738,307.50 yuan ". The court adopted lawyer Xie Tongxiang's defense viewpoint and directly acquitted Wu Yumin.

Xie Tongxiang, a defense lawyer, believes that Wu is innocent. In his defense, he put forward 28 opinions to the court that did not constitute fraud.

Xie Tongxiang's main point is that this case is actually an economic dispute, not a crime of fraud, or even a civil contract fraud.

Acquitted:

20 13 12 4. A court in Fushun made a judgment. The court held that Wu Yumin signed the contract with the oil company on its behalf and did not resort to fabricating facts or concealing the truth. Judging from the performance of the contract, Wu Yumin was unable to perform the contract due to oil quality problems after fulfilling the obligations stipulated in the contract, and both parties signed a supplementary agreement to pay 654.38+10,000 yuan to Jintong Company. Later, he was cheated in other businesses, which objectively led to the failure to fulfill the remaining amount agreed in the contract. Therefore, although the oil company failed to fully perform the contract to pay for the goods, and Wu Yumin also hid the identity card information elsewhere, it was obviously not enough to determine that Wu Yumin had the intention of illegally occupying other people's property. In addition, Wu Yumin signed the contract as the legal representative of the oil company. Later, the diesel oil paid to Xu was also deducted from the debts owed by the oil company, which was not a personal act. Therefore, the court adopted the plea that Wu Yumin and his lawyer Xie Tongxiang did not constitute the crime of contract fraud. In a word, the court ruled that Wu Yumin was not guilty.

According to the above theory, there is no crime of fraud. Reason 1: the amount is less than 2000 yuan. Under normal circumstances, the public security organ with more than 2,000 yuan will file a case.

Reason 2: Whether there is illegal possession of migrant workers has not been determined. Perhaps it is because of the labor of migrant workers. Even if it is determined, it will not reach 2000, and the crime of fraud is not established.