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A tax loophole is legal by definition. A loophole refers to an element of the law that allows some behavior. Insurance fraud is not legal.
by asdfasgasdgasdg 6y ago
A tax loophole is legal by definition. A loophole refers to an element of the law that allows some behavior. Insurance fraud is not legal.
- shawnz 6y agoBut the other poster only claimed that this was fraud because it abuses a loophole. So where is the line between a loophole being legal versus being fraud? Or, what is it that makes this fraud besides being a loophole?
- rrook 6y agoUsing fake/other identities is squarely in the realm of fraud, not loopholes, if that is what happened. Edit: The article details that part of the strategy employed was to attempt to get a refund for any flight that ended up not being delayed, which would probably qualify as fraudulent intent (I think? IANAL).
- shawnz 6y agoThey didn't use any fake identities, and booking on behalf of other people is not fraud.
- asdfasgasdgasdg 6y agoI'm not sure what the exact rule that was abused was, as I'm not familiar with Chinese law. I know that rule of law in China is not as strong as in many other countries, but I'm supposing that for small time stuff like this it's not too bad. I'm presuming that there is some element of the contract that she misrepresented herself on, such as an intent to travel clause or something of that nature. It may not be the case, but that would be an example of a legal theory under which her behavior would be fraudulent. The source article claims that she "... had repeatedly forged materials such as flight delay certificates, fabricated fictitious flight delays, ..." (Google translate output).