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I'm not sure if it is fraud or not. Maybe an attorney can comment, but here is how I look at it: Fraud: (1) a false statement of a material fact, (2) knowled
by wtvanhest 13y ago
I'm not sure if it is fraud or not. Maybe an attorney can comment, but here is how I look at it:
Fraud:
(1) a false statement of a material fact,
(2) knowledge on the part of the defendant that the statement is untrue,
(3) intent on the part of the defendant to deceive the alleged victim,
(4) justifiable reliance by the alleged victim on the statement, and
(5) injury to the alleged victim as a result.
The attempt at buying coins on coinbase while selling coins outside of coinbase, then if the coin price falls… If Coinbase doesn’t deliver the coins according to their TOS and you say to the bank that you want to do an ACH chargeback due to them not delivering, it doesn’t fit the definition of fraud in multiple ways:
The statement you would make to the bank would be: “Coinbase did not deliver the coins based on their TOS so I request my money to be sent back to me via ACH chargeback and if they do send the coins, I will send them back to Coinbase”
1) it isn’t a false statement
2) doesn’t apply since it isn’t a false statement
3) not deceiving anyone
4) they are relying on it, but it isn’t false
5) no one is injured since Coinbase waited to fulfill the transaction, they can just resell the coins at the current market price, assuming they are able to actually sell coins.
- imsofuture 13y agoIt's both fraud, and unethical.
- wtvanhest 13y agoIt may be unethical, I don't make that judgement, but it definitely doesn't match the legal definition of fraud.
- imsofuture 13y agohttp://en.wikipedia.org/wiki/Good_faith_(law) http://en.wikipedia.org/wiki/Good_faith_(law)
- Dylan16807 13y agoYou and eterm are talking past each other. Eterm is talking about the situation where Coinbase fulfills their end of the bargain and gets you the coins you bought, but you chargeback anyway. If you only consider the chargeback in the case that they honestly failed to live up to the terms of service, then I will agree that it doesn't sound like fraud. It's still kind of slimy, though.