this post was submitted on 08 Jul 2025
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As I said in another reply, my thinking is thus:
It’s a poor definition because gift exchanges are strictly voluntary and non-reciprocal engagements. I’m not saying what he did was ok or even legal in other contexts. My only point is that I wouldn’t consider this fraud because the victims were not compelled to give. This isn’t a Nigerian prince scam where the victims were promised greater returns at a later date. These victims gave with the expectation of monetary loss.
Just because these were voluntary non-reciprocal dispositions of wealth would not automatically make this not fraud in Germany at least.
I talked with a few fellow students and their gut feeling was that this could be fraud as well. After talking a bit about the matter we had quite a few issues apart from the voluntary aspect as well.
All dispositions in fraud are voluntary for one, otherwise this would be in the ballpark of robbery and the like (as in involuntary dispositions).
The act of giving a gift is not necessarily irreversible as there are ways to fight the disposition on grounds of fraud for one. Which would tick one of the requirements of fraud: the disposition needs to be unlawful.
Anyway you're right in that there are quite a few reasons to conclude this isn't fraud. If it is, it would be a very "heavy" case which would make this a felony in Germany.
I’m no legal scholar by any means but I think in America this would be a civil suit not a criminal case unless the amount of money involved was tremendous.
I won’t even try to guess how it would shake out in Japan.