A admissibilidade jurídico-penal do crime de burla por omissão

O estudo da problemática da admissibilidade jurídico-penal do crime de burla por omissão, enquadrando-se na órbitra dos crimes comissivos por omissão, impõe, a título de questão prévia, a análise do conteúdo e alcance da cláusula de equiparação da omissão à acção, ínsita no art. 10.º do C.P, e, bem assim, a indagação do seu fundamento e da sua compatibilidade com o princípio jurídico-constitucional da legalidade das normas incriminadoras e suas exigências de determinação típica decorrentes dos princípios nullum crimen sine (prævia) lege e nulla poena sine (prævia) lege., matéria a que nos debruçaremos na Parte I da presente dissertação e que deverá ser essencialmente entendida à luz do princípio da dignidade da pessoa humana e da necessidade de um equilíbrio entre a certeza e a segurança jurídicas com a tutela de determinados bens-jurídicos fundamentais, enquanto pilares essenciais de qualquer Estado de Direito Democrático. Na parte II, tentaremos determinar o significado e alcance da conduta enganosa e astuciosa do crime de burla, previsto e punido pelo n.º 1 do art.º 217.º do C.P., desbravando, antes de mais, a sua evolução normativa até aos tempos hodiernos, após o que definiremos a estrutura normativa do tipo. Buscaremos, de seguida, uma aproximação ao conceito de engano e a determinação das formas e modalidades que a conduta enganosa e astuciosa poderá assumir: Exigirá a conduta típica uma mise-en-scène perpetrada pelo agente ou poderá bastar-se com uma mera mentira? Alcançada a sua (possível) determinação, estaremos já em condições de nos debruçarmos sobre a problemática da admissibilidade jurídico-penal da burla por omissão, altura em que, sob uma perspectiva crítica e acompanhada da análise igualmente crítica de casos, avançaremos com argumentos favoráveis e contrários a essa admissibilidade, sem, naturalmente, deixarmos de auscultar a tendência de entendimento da nossa Jurisprudência.

Illegal alien study.

Pt. 1. Fraudulent entrants study : a study of malafide applicants for admission at selected airports and Southwest land border ports.

Field research planning for driver's license law enforcement. Final report.

National Highway Traffic Safety Administration, Washington, D.C.

A study of hands-off driver license enforcement through rapid communications. Final report.

National Highway Traffic Safety Administration, Washington, D.C.

Field research planning for driver's license law enforcement. Interim report.

National Highway Traffic Safety Administration, Washington, D.C.

The statute law of Kentucky; with notes, prælections, and observations on the public acts. Comprehending also, the laws of Virginia and acts of Parliament in force in this commonwealth; the charter of Virginia, the federal and state constitutions, and so much of the King of England's proclamation in 1763, as relates to the titles to land in Kentucky. Together with a table of reference to the cases adjudicated in the Court of appeals ...

Imprint varies: v. 2-3, Frankfort, (Ken.) Printed for William Hunter, by Johnston & Pleasants. 1810-1811.--v. 4, Frankfort, (Ken.) Printed for William Hunter, by Robert Johnston. 1814.--v. 5, Frankfort, (Ken.) Printed for Butler & Wood. 1819.

Review of a pamphlet on the trust deed of the Hanover Church.

The Boston Athenaeum, in its Catalogue, suggests Lyman Beecher as possible author. Richard H. Shoemaker's A checklist of American imprints for 1828 mentions Beecher and Benjamin Wisner as possible authors.

Real-estate inquiry: hearing(s) before the subcommittee on insurance and banks of the Committee on the District of Columbia, United States Senate, Seventy-First Congress, third session, on S. res. 58, a resolution to investigate activities of real estate and finance corporations in the District of Columbia concerning the sale of mortgage bonds upon property.

Investigates alleged fraudulent sale of bonds and mortgages on D.C. properties.

Desk guide : bankruptcy tax crime referrals.

Mode of access: Internet.

Reforming damages for misrepresentation:the case for coherent aims and principles

Examines the basis on which damages for misrepresentation are awarded, suggesting that the underlying principles lack coherence, and calls for clarification of the law. Argues that there are valid policy considerations justifying a distinction between the basis of the award of damages for fraudulent misrepresentation and negligent misrepresentation. Explains why identification of the three stages in the process of awarding damages for misrepresentation are crucial to the application of the underlying legal principles of causation and remoteness at the right stage of the process. Reviews case law on lost opportunity damages for fraudulent misrepresentation, the application of loss of chance principles, and recovery of post-contract losses.

Justifying partial rescission in English law

Comments on the refusal of the English courts to recognise the existence of a remedy of partial rescission, suggesting that in certain restricted instances justification exists for the grant of such a remedy. Considers the nature of the remedy of rescission under English law, the English courts' approach towards partial rescission and the nature and scope of the discretions available to the courts, noting the decisions in TSB Bank Plc v Camfield and De Molestina v Ponton. Reviews the historical origins of the remedy of rescission, including the distinction between fraudulent and non fraudulent misrepresentation and the origins of the so called concurrent and auxiliary equitable jurisdictions. Compares the approach of the Australian courts and highlights examples of recognition of partial rescission under international law.

Extraction of Fraud Schemes from Trade Series

2000 Mathematics Subject Classification: 62H30, 62M10, 62M20, 62P20, 94A13.

Attributes of identity document credibility: A synthesis of expert knowledge

In broad terms — including a thief's use of existing credit card, bank, or other accounts — the number of identity fraud victims in the United States ranges 9-10 million per year, or roughly 4% of the US adult population. The average annual theft per stolen identity was estimated at $6,383 in 2006, up approximately 22% from $5,248 in 2003; an increase in estimated total theft from $53.2 billion in 2003 to $56.6 billion in 2006. About three million Americans each year fall victim to the worst kind of identity fraud: new account fraud. Names, Social Security numbers, dates of birth, and other data are acquired fraudulently from the issuing organization, or from the victim then these data are used to create fraudulent identity documents. In turn, these are presented to other organizations as evidence of identity, used to open new lines of credit, secure loans, “flip” property, or otherwise turn a profit in a victim's name. This is much more time consuming — and typically more costly — to repair than fraudulent use of existing accounts. ^ This research borrows from well-established theoretical backgrounds, in an effort to answer the question – what is it that makes identity documents credible? Most importantly, identification of the components of credibility draws upon personal construct psychology, the underpinning for the repertory grid technique, a form of structured interviewing that arrives at a description of the interviewee’s constructs on a given topic, such as credibility of identity documents. This represents substantial contribution to theory, being the first research to use the repertory grid technique to elicit from experts, their mental constructs used to evaluate credibility of different types of identity documents reviewed in the course of opening new accounts. The research identified twenty-one characteristics, different ones of which are present on different types of identity documents. Expert evaluations of these documents in different scenarios suggest that visual characteristics are most important for a physical document, while authenticated personal data are most important for a digital document. ^

Mixed spatial and nonspatial problems in location based services

With hundreds of millions of users reporting locations and embracing mobile technologies, Location Based Services (LBSs) are raising new challenges. In this dissertation, we address three emerging problems in location services, where geolocation data plays a central role. First, to handle the unprecedented growth of generated geolocation data, existing location services rely on geospatial database systems. However, their inability to leverage combined geographical and textual information in analytical queries (e.g. spatial similarity joins) remains an open problem. To address this, we introduce SpsJoin, a framework for computing spatial set-similarity joins. SpsJoin handles combined similarity queries that involve textual and spatial constraints simultaneously. LBSs use this system to tackle different types of problems, such as deduplication, geolocation enhancement and record linkage. We define the spatial set-similarity join problem in a general case and propose an algorithm for its efficient computation. Our solution utilizes parallel computing with MapReduce to handle scalability issues in large geospatial databases. Second, applications that use geolocation data are seldom concerned with ensuring the privacy of participating users. To motivate participation and address privacy concerns, we propose iSafe, a privacy preserving algorithm for computing safety snapshots of co-located mobile devices as well as geosocial network users. iSafe combines geolocation data extracted from crime datasets and geosocial networks such as Yelp. In order to enhance iSafe's ability to compute safety recommendations, even when crime information is incomplete or sparse, we need to identify relationships between Yelp venues and crime indices at their locations. To achieve this, we use SpsJoin on two datasets (Yelp venues and geolocated businesses) to find venues that have not been reviewed and to further compute the crime indices of their locations. Our results show a statistically significant dependence between location crime indices and Yelp features. Third, review centered LBSs (e.g., Yelp) are increasingly becoming targets of malicious campaigns that aim to bias the public image of represented businesses. Although Yelp actively attempts to detect and filter fraudulent reviews, our experiments showed that Yelp is still vulnerable. Fraudulent LBS information also impacts the ability of iSafe to provide correct safety values. We take steps toward addressing this problem by proposing SpiDeR, an algorithm that takes advantage of the richness of information available in Yelp to detect abnormal review patterns. We propose a fake venue detection solution that applies SpsJoin on Yelp and U.S. housing datasets. We validate the proposed solutions using ground truth data extracted by our experiments and reviews filtered by Yelp.

Evidence of Recent Phosphorus Enrichment in Surface Soils of Taylor Slough and Northeast Everglades National Park

Everglades National Park (ENP) is the last hydrologic unit in the series of impounded marsh units that make up the present-day Everglades. The ENP receives water from upstream Water Conservation Areas via canals and water control structures that are highly regulated for flood control, water supply, wildlife management, concerns about poor water quality and the potential for downstream ecosystem degradation. Recent surveys of surface soils in ENP, designed for random sampling for spatial analysis of soil nutrients, did not sample proximate to inflow structures and thus did not detect increased soil phosphorus associated with these water conveyances. This study specifically addressed these areas in a focused sampling effort at three key inflow points in northeast ENP which revealed elevated soil TP proximate to inflows. Two transects extending down Shark River Slough and one down Taylor Slough (a natural watershed of particular ecological value) were found to have soil TP levels in excess of 500 mg kg−1—a threshold above which P enrichment is indicated. These findings suggest the negative impact of elevated water (P) from surface flows and support the assertion that significant soil TP enrichment is occurring in Taylor Slough and other areas of northeastern ENP.