3 ms·
Online certifications are no joke. https://www.justice.gov/opa/press-release/file/1197256/download https://www.justice.gov/opa/press-release/file/1197256/downl
by lawguy 7y ago
Online certifications are no joke.
https://www.justice.gov/opa/press-release/file/1197256/download https://www.justice.gov/opa/press-release/file/1197256/downl...
> On or about September 25, 2018, in the District of Kansas, the defendant, for the purpose of executing the scheme described above, caused to be transmitted by means of wire communication in interstate commerce an online certification that he (1) read and understood the Kansas Board of Regents policy concerning conflicts of interest, (2) understood that any external personal professional activities in which he engaged that take time away from the University must not interfere with him meeting his faculty teaching and research responsibilities at the University, and (3) agreed to secure approval prior to engaging in any such external activities; all of which was in violation of Title 18, United States Code, Section 1343.
The indictment doesn't say whether the fraud was that (1) he didn't read or understand the conflict of interest policy (presumably not, since that would indicate this wasn't intentional); (2) he didn't understand that external activities must not interfere with his University work (same); so it must be (3) that he agreed to secure approval prior to engaging in any such activities.
So the fraud is that he agreed to secure approval, but didn't follow through.
The indictment also claims:
> Tao certified to KU that he did not labor under any conflict of interest.
But the only certification mentioned in the indictment was that he agreed to secure approval, not that he lacked any conflict of interest.
Regardless, the result of this failure to secure approval for a conflict of interest was a four count indictment for wire fraud and theft by receiving salary, plus a forfeiture request. He allegedly "embezzled, stole, and obtained by fraud" grant money that funded his University salary, by virtue of continuing to receive that salary.
- closeparen 7y agoSo every civil breach of contract is also criminal fraud? “You indicated to your counterparty that you would obey the contract, but did not.”
- khuey 7y agoFraud requires intentional misrepresentation. "You indicated to your counterparty that you would obey the contract, when you had no intention of doing so" is what may be criminal fraud. Simply failing to perform is not fraud.