Legal Question in Business Law in Virginia
Would there be any legal problems with this?
I would like to create a website with small bio's about me and one of my friends, and create a link that if they wished to they could give a couple dollars to us. Would this be considered fraud or have any legal problems? I am going to put up a disclaimer that this is not a charity or non-profit organization.
Thank you!
2 Answers from Attorneys
Re: Would there be any legal problems with this?
Generally speaking, fraud is asking for money
based on FALSE pretenses. And even that is too
broad. Technically, fraud that the victim
REASONABLY relied upon your statements, believed
your statements, the statements were false,
and the victim suffered a LOSS as a result.
For example, if I tell you that I can turn a
hamburger into a ton of gold if you give me $10,
no reasonable person would believe such a
statement and could not "reasonably" rely on such
statements. Or if I tell you something that is
TRUE, like give me money for absolutely no reason,
that cannot be fraud. Similarly, if I tell you
that a baseball card worth $50 once belonged to
Bill Clinton and then I sell it to you for $50
-- exactly what it is worth regardless of who
owned it -- then you have not suffered any loss.
You bought a $50 baseball card for $50. So
my telling you that Bill Clinton once owned it
is not relevant to whether it is fraud. You
have not lost any money by paying $50 for a $50
card. (At most, in this scenario, you might be
able to say you would not have bought it, and
have the contract rescinded, but you still did
not actually lose any money.)
ALSO, a false statement must be of a fact, not
opinion. For example, if I advertise on Ebay
"the most beautiful painting you'll ever see"
this is incapable of being fraud, because it is
clearly a subjective, personal opinion, not a
claim of an actual fact.
So, if you simply ask people to give you money
for the heck of it, I don't see how that can be
fraud.
Now, there are specialized situations that can
become fraud even outside of the above principles.
The government has arbitrarily said that anything
which smacks of gambling can be illegal and
even fraud. So chain letters and such should not
be fraud under the principles explained above, but
many government officials would consider a chain
leter or pyramid scheme to be fraud.
Re: Would there be any legal problems with this?
As attorney Moseley explained at great length, unless there's fraud involved, you may legally beg for money, and anybody may legally give it to you. You don't even have to pay income tax on a gift. That said, have you considered getting a job?
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