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M$2 April 27, 2009 03:59 AM

Can gaming Mahalo be considered a crime? Something along the lines of wire fraud?

It makes me wonder because M$ can be turned into real money and so people that game the system are defrauding to steal.
I started thinking about this after seeing very blatant examples of gaming. You can see what I'm talking about in this thread: http://www.mahalo.com/answers/mahalo-answers-community/re-recent-questions-and-answerswhats-mahalos-policy-on-friends-asking-each-other-questions-and-awarding-best-answer-m

Anyway here's the definition of wire fraud taken from wikipedia:
A misrepresentation that is capable of influencing or has a "natural tendency" of influencing a decision is material.
Thus, the essential elements of the crime of wire fraud are:
(1) Devise or intend to devise a scheme or artifice to defraud another person based on a material representation; (2) With the intent to defraud; (3) through the use of interstate wire facilities (i.e. telecommunications of any kind).
Interesting Question?  Yes (5)   No (0)   

Interesting: orange, dcanswerer, hillo, interzone, jasoncalacanis

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April 27, 2009 08:32 PM
I would imagine Mahalo would be able to catch-on to these sorts of patterns without much effort.

The sheer magnitude of fraudulent activity that would be required to get any reasonable payout in a short period of time would be obvious to this team.

The amount of money that could be accumulated via fraud before Mahalo would notice would be so small that this would be a petty crime, and I don't think Mahalo WOULD transfer the money if they saw irregular activity, since I believe Mahalo audits accounts before payouts for irregular activity.

They've proved they can handle this already.

To defraud Mahalo without getting caught would require enormous effort over a long period of time, more effort than simply ANSWERING QUESTIONS, so I think there is a disincentive to do this built-in to the system.


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April 27, 2009 04:03 AM
Anything can be considered a crime, but, as the Most Honorable Judge Judy says, it just might not be actionable.

The expense of prosecuting would be much more than it's worth. It's just easy enough to ban them...

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April 27, 2009 04:07 AM
Judge Judy is a sage! I agree with you that unless it's massive the expense of prosecution outweighs the benefits.
But I'm looking for a theoretical answer :-D

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April 27, 2009 06:00 AM
This is the most logical answer

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April 30, 2009 12:05 AM
The expense for who?
Criminal violations are prosecuted by the state (well actually this would be a federal crime, but you get the idea) at taxpayer expense not at Mahalo's expense. Sure it might cost them in lost time and in dealing with the district attorney, but at the end of the day they don't have to hire an attorney and therefore avoid the biggest cost.

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April 30, 2009 12:40 AM
@ssharon: Mahalo would just have to convince the DA that this is a case worth taking. Either way, someone has to make a decision on the ROI... and, in this case, the ROI might be pretty low.

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April 27, 2009 04:38 AM
If real money is transferred it can.

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April 27, 2009 05:18 AM
I'm no lawyer but I know if you try and defraud the government you'll go down hard if/when you get caught. Intent to defraud anybody is just a stupid idea and trying to game a place that WANTS you to make money is even more stupid.

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April 27, 2009 02:02 PM
Wire fraud is defined by the US code as a penalty of any criminally fraudent activity that involves electronic communication of any kind, at any phase of the event. 18 U.S.C. § 1343

Elements that define fraud

1. A scheme or artifice to defraud means creating a preconceptive notion and design with the intent to steal. The intent is one question. The language denotes the law examines both the design and intent.

What constitutes a design? A strategy, a procedure, or action which deceives one party at the cost of transferring an asset, an property, or thing of perceived value, to another party.

What constitutes intent? probably a confession or a witness statement against the defendant.

2. A second component to the statute is misleading statements that present a false agreement or understanding: fraudlent presences, representations, or promises designed to trick the innocent party into surrendering assets.

3. The wire fraud statute legislative geared for financial institutions. The penalty includes imprisonment of 20 years or up to $1 million in fines.

Is Mahalo a financial institute? (No) Mahalo is probably classified as a web portal like Yahoo.

Do financial transactions occur on Mahalo? (Yes)

Do the transaction between Mahalo and said party include a money or asset transaction (Yes)

Is the transaction execute by means of wire? (Yes) Mahalo transacts the asset transfer through Paypal. (However the word wire is not clear in my mind)

Does Mahalo have a case prescendence established by landmark case or other high visible cases?

Neder v. United States (The misrepresentation must be a meterial misrepresentation)

I'd need to research the case history of wire fraud to determine how the law applies to web portals.

Before starting a case against the defendant, three elements need to be established:
1. Proof that a scheme or artifice to defraud occurred
2. Established intent to defraud (confession, a writen statement, witness testimony)
3. Use of interstate wire facilities (Does the usage of a telecom fiber system apply?)

Condition 3 may or may not apply for internet usage. However, more financial institutions are transacting over security encrypted virtual networks and the law may not be coded to cover this new development. However, it would seem reasonable that an ammendment to cover, such types of transaction would be in the works.
Source(s):
http://en.wikipedia.org/wiki/Wire_fraud


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April 27, 2009 02:43 PM
Is this a quote or did you create this? If it's a quote, please site your source and use the quote identifiers. For example:

Wikipedia says:

--quote--

blab blab blab

--endquote---

If this was of your own making... it was a really good answer! Very nice!

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April 27, 2009 02:59 PM
Good answer but I think there's direct quotes here without quotation marks.

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April 27, 2009 03:33 PM
On the face of it a very good answer.

But a lot of the info mentioned doesn't seem to be in the source, so it would be good to know where it actually came from. Esp as it sounds like it probably comes from a very good source, so stating what that is would boost the credibility of the answer considerably.

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April 27, 2009 07:49 PM
This is my analysis of the US code. US code is technical. The issue I'm raising is the definition of "wire". Was the code narrow defined to a specific medium of electronic communication or did it cover all forms of existing or future communication medium?

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