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Posted By: JK

Saying you have 500 in a card when you dont does not change anything about the card itself and certainly doesnt misrepresent a material fact about the card (ie its real, its not trimmed, etc) and is far closer to puffery or salesmanship than a material misrepresentation.

I'd certainly hate to be a car salesman in california if you were a litigator - lord knows they constantly provide misinformation regarding the price they paid for a car on the lot. I mean everyone knows sticker prices are nothing but a sham, but for the most part, so are invoice prices. When a dealer tells you he cant go below invoice, but in fact he can because he's got factory holdbacks and other incentives, is he committing fraud or is he being a salesman?

For that matter, when you tell the IRS that your client cant pay a dime more than 50k of the 75k in back taxes that he owes, but you can really go up to 60k to settle the matter, have you committed fraud (if this doesnt work with a tax example, just pretend its any old legal dispute)?