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Hypothetical "Loan Fraud" Scenario
Posted on 4/4/24 at 9:52 pm
Posted on 4/4/24 at 9:52 pm
Let's say I have an old 1970's Ford pickup in my backyard. It is rusted out and sitting on blocks with no wheels. One day I decide I want a loan to help pay for my meth habit and will use it as collateral.
So I walk into my local bank, go into the loan officer's office and tell him what's up. I tell him "Baw, I got this amazing truck. It is a big beautiful truck, one of the best trucks in the world. They don't make trucks any better, believe me."
The loan officer says "How much you asking?" I say "$10 million." He says "Well your credit is good, so I will drive over and check it out. This truck must be amazing."
He drives over, sees it, and says "I will loan you $3.50." I say "come on, baw, help a man out." He says "Tree fiddy, take it or leave it." I say OK and take his three dollars and fifty cents. I pay it back with interest a week later.
Did I just commit fraud? (Serious question here).
So I walk into my local bank, go into the loan officer's office and tell him what's up. I tell him "Baw, I got this amazing truck. It is a big beautiful truck, one of the best trucks in the world. They don't make trucks any better, believe me."
The loan officer says "How much you asking?" I say "$10 million." He says "Well your credit is good, so I will drive over and check it out. This truck must be amazing."
He drives over, sees it, and says "I will loan you $3.50." I say "come on, baw, help a man out." He says "Tree fiddy, take it or leave it." I say OK and take his three dollars and fifty cents. I pay it back with interest a week later.
Did I just commit fraud? (Serious question here).
Posted on 4/4/24 at 10:15 pm to AUstar
Well you first asked for a loan of 10 million against an old vehicle that cannot possibly be worth for collateral, big red flag. Fraud would have applied if you had documentation that the vehicle was worth it knowing it was false
Posted on 4/4/24 at 10:17 pm to AUstar
quote:
Did I just commit fraud?
No. But you might have attempted fraud.
Posted on 4/4/24 at 10:47 pm to TrueTiger
Things are worth what people are willing to pay. Unless you say “ I’m selling a brand new ferrrari” when it’s actually the best up ford, I don’t see how it’s even attempted fraud.
Posted on 4/4/24 at 10:51 pm to C
quote:
Things are worth what people are willing to pay.
Exactly. Value is an opinion. Most people don’t understand that.
Posted on 4/4/24 at 10:58 pm to C
At its most basic definition, fraud is intentional deception with the goal of obtaining something of value.
So, if the bank had taken your word and never checked things out themselves, it could be fraud.
Posted on 4/4/24 at 11:32 pm to TrueTiger
quote:
So, if the bank had taken your word and never checked things out themselves, it could be fraud.
Fraud would be if you showed the banker pictures of a gold plated truck with diamond studs all over the place (that wasn't your truck) in order to establish its $10MM value.
If you showed the banker a piece of shite and said you though it was worth $10MM, and the banker agreed with you and loaned you that amount of money, that's not fraud.
This post was edited on 4/4/24 at 11:33 pm
Posted on 4/5/24 at 12:23 am to AUstar
You didn’t falsify shite in your scenario. The bank assumed a loan value for what you were offering.
What if one other guy also offers you
$10M loan against the truck? Is the market $3.50 as you say or now $10M?
What if one other guy also offers you
$10M loan against the truck? Is the market $3.50 as you say or now $10M?
Posted on 4/5/24 at 12:55 am to Nosevens
quote:
Fraud would have applied if you had documentation that the vehicle was worth it knowing it was false
It was his dad's old truck. It has sentimental value. 10 mil.
Maybe he boned his wife in the bed of the truck and got her pregnant with their first kid.
There's no fraud here, value is subjective. I'm at a loss at how this answer isn't obvious to anyone.
Posted on 4/5/24 at 6:21 am to AUstar
No.
While you expample is extreme, the value of something is determined by transactions. If I am selling an antique slop jar at a flee market and I have a sign on it that I want $100 for it, and my best offer over an entire year is $25, did I commit fraud because I thought something was worth more than it was.
The potential buyer has a right to offer what he is willing to pay just as I have the right to ask for as much as I want. The same would be for a loan, and it is up to both parties to determine the value
What would be consider fraud is if I said the slop jar was used by George Washington although I know it was not. Then, I have knowingly misrepresented the facts surrounding my asset.
While you expample is extreme, the value of something is determined by transactions. If I am selling an antique slop jar at a flee market and I have a sign on it that I want $100 for it, and my best offer over an entire year is $25, did I commit fraud because I thought something was worth more than it was.
The potential buyer has a right to offer what he is willing to pay just as I have the right to ask for as much as I want. The same would be for a loan, and it is up to both parties to determine the value
What would be consider fraud is if I said the slop jar was used by George Washington although I know it was not. Then, I have knowingly misrepresented the facts surrounding my asset.
This post was edited on 4/5/24 at 6:22 am
Posted on 4/5/24 at 6:30 am to Azkiger
On vehicles it wouldn’t matter if it was his dads or he screw a hundred of the world’s beautiful women in there. Until the vehicle became a very rare item it would carry a value mostly the same as all of the similar ones depending on condition, it would not be subjective. Now it you or I wanted that truck and for some reason we would bid that truck up that would be on the buyer not seller ( no fraud). But if the seller managed to get a piece of paper from a reputable source saying it’s actual value knowing it is not possible for that and was given a loan from a bank for that 10 million after the loan officer was obviously fired and matter looked into it would show a conspiracy to commit fraud between borrower and issuer of the said letter of value. This is nothing in comparison to what is going on with NY AG and their undertakings trying to drag Trump throughout the news cycle daily. Outside maybe some uncrossed T’s or dotted I’s the loan for Trump is legal, valid and appropriate in normal circumstances but they are making up crap to get to him
Posted on 4/5/24 at 7:54 am to AUstar
quote:no
Did I just commit fraud?
Posted on 4/5/24 at 8:02 am to Nosevens
quote:
if you had documentation that the vehicle was worth it knowing it was false
In this scenario, let's assume the OP filled out a loan application and put the worth of the vehicle at $10M.
Posted on 4/5/24 at 9:23 am to AUstar
I get what you are doing here - but it is even more complicated than that.
The value of a property like MAL can vary based on intended use. If I intend to simply occupy it as a primary home, it is worth a different amount than if I intend to rent it out or bulldoze it and build a condo project.
Having a New York court assess a Florida property value for no intended reason is absurd.
The value of a property like MAL can vary based on intended use. If I intend to simply occupy it as a primary home, it is worth a different amount than if I intend to rent it out or bulldoze it and build a condo project.
Having a New York court assess a Florida property value for no intended reason is absurd.
Posted on 4/5/24 at 9:49 am to David_DJS
quote:
you thought it was worth $10MM, and the banker agreed with you and loaned you that amount of money, that's not fraud.
yeah - my common sense position is that as long as there is an obvious 'look for yourself' admonition documented in the paperwork, then it cannot be fraud.
I could never be a 'lawyer' - cannot abide deliberate hypocrisy
Posted on 4/5/24 at 11:29 am to AUstar
Fraud...no. For the same reason you aren't committing fraud when your linked in profile/ or dating profile embellishes your work accomplishments or physical attributes. No lender is going to take your valuation with out either verifying or offering you a rate to mitigate the risk of not verifying ( and the latter is the loan shark operating out of an old converter gas station ). I have had thousands state their income is xxx,xxx but tax returns veified ..70..60%...and depending on how "good" the CPA was...even less
Was fraud committed? No our underwriting standards would require X docs. Another bank may require a different set of tax docs and get a different income or valuation number
If you showed them documentation for a le mans winning 1950s Ferrari but delivered them a rusty F150 ... Then yes you committed fraud
Was fraud committed? No our underwriting standards would require X docs. Another bank may require a different set of tax docs and get a different income or valuation number
If you showed them documentation for a le mans winning 1950s Ferrari but delivered them a rusty F150 ... Then yes you committed fraud
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