intentional misrepresentation elements

Second, the plaintiff must prove that the defendant knew that the fact was false when he stated the fact.

First, the plaintiff must prove that the defendant made an intentional misrepresentation of a material fact. The defendant knew at the time that the representation was false, or recklessly made the statement without knowledge of its truth; The representation was made with the intention that the plaintiff would rely on it; The plaintiff did rely on the false representation; and. WebWhen a warranty is found to be part of a contract, false representations made as part of the warranty are a breach of the contract. 2. If someone relies on another persons opinion and suffers damages, that is not misrepresentation. The false representation wasmadeto a U.S. government official. This is because the person who shared the information knew that it was untrue, but he made the claim in order to convince another person to enter into a contract. Social Security Fraud: What Is It Costing Taxpayers?

"Fraudulent Misrepresentation. The details of the contract state that, if Tom subscribes to the magazine for a year, he will receive a gift worth over $100. In this case, the wronged party can then sue for misrepresentation, and the court may order compensatory or punitive damages, or both. Anyone who runs a business understands that most transactions and agreements are sealed with a contract, even if it's just a handshake. Review our. In addition, some jurisdictions allow the plaintiff to recover for emotional distress if emotional distress is a consequence of the misrepresentation. Misrepresentation and nondisclosure form two fundamental bases for many actions represented under tort law, because any case where false or hidden information plays a significant part essentially implies a standard of care that reflects the negligence addressed by tort. 1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization. The representation is stated from a defendant during the course of business, or via a transaction in which he has a pecuniary interest, Defendant gives false information in the guidance of another party in regards to the business, Defendant does not exercise due competence or care in the communication and acquiring of information, The plaintiff suffers loss by relying on the false presentation. If the plaintiff relies on statements of fact, reliance will always be justified and the defendant will always be held liable unless the facts are obviously false. Misrepresentation is one the elements of common law fraud, and other causes of To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. In misrepresentation cases, courts can award compensatory damages to make up for the loss of money a person can suffer as the result of believing a lie. \text{Operating expenses} & \$ 3,750 \\ Misrepresentations that are more serious have the same elements, so the lines between them tend to be fine. If the defendant makes his representation to a third person with the knowledge that the third person will pass the information along to the plaintiff, the defendant will be held liable if the information is false. In insurance, a misrepresentation is a lie or concealment of facts that can void an insurance contract if the insurer discovers the misrepresentation. For example, a drug company working out an acquisition by another company boasts of several "promising" drugs in clinical trials but fails to mention that they likely will not make it to market based on disappointing results. Was this document helpful? (2) MALICE.
WebThe tort of intentional misrepresentation (fraud) consists of the following elements: a material misrepresentation with scienter and an intent to induce reliance that proximately causes damages to the plaintiff who reasonably relied upon the misrepresentation. To succeed on a claim of damages, the victims must be able to prove they suffered a loss by believing a misrepresentation. Determine whether the false representation was willfully made. WebOne element of intentional misrepresentation is that _____. In the last two cases when the defendant learns that the misrepresentation has taken place, he must disclose the true facts to the plaintiff in order to avoid liability. Depending on the nature of your case, the key to your success in court may come down to just one tiny detail of fact. (1) The defendant made a false representation of a past or existing material fact susceptible of knowledge. Fraud is both a civil tort and criminal wrong.

A finding of willful misrepresentation or fraud requires certain determinations. WebWashington courts have adopted standards for negligent misrepresentation as set forth in sections 551 and 552 of the Restatement (Second) of Torts.

Fiduciary negligence is professional malpractice when a person fails to honor their fiduciary obligations and responsibilities. Generally, to prove a prima facie case of intentional misrepresentation, the plaintiff must prove that: First, the plaintiff must prove material misrepresentation. The defendant sells property to the plaintiff and there are certain material facts that the defendant knows and are unknown and not readily accessible to the plaintiff. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. See. Any misrepresentation of a present state of mind or intention is considered a material misrepresentation. Share sensitive information only on official, secure websites. An applicant may be found inadmissible if he or she obtainsabenefitunder theImmigration and Nationality Act(INA)either through: Although fraud andwillfulmisrepresentation are distinct actions for inadmissibility purposes, they share common elements. The defendant has superior knowledge not available to plaintiff (for example the defendant is a dealer of special goods). In practice, the distinction between fraudandwillfulmisrepresentation is not greatly significant becauseeither fraud or a willful misrepresentation alone is sufficient to establish inadmissibility. An example of misrepresentation, specifically fraudulent misrepresentation, exists in the matter of Nielsen v. Adams (1986). Mortimer, 139 Idaho 548, 550 (Idaho 2003), the elements of actionable fraud or misrepresentation are that there must be evidence of: (1) a representation; (2) its falsity; (3) its materiality; (4) the speakers knowledge of its falsity or ignorance of its truth; (5) his intent that it should be acted on by the person and in the manner reasonably When making the inadmissibility determination, the officer should keep in mind the severe nature of the penaltyfor fraud or willful misrepresentation.

Theofficer findsthata personobtained an immigration benefit by fraud. ", The Hill. The officer should examine all facts and circumstances when evaluating inadmissibility for fraud or willful misrepresentation. An example of data being processed may be a unique identifier stored in a cookie. The person making the misrepresentation knows assertion is false or knows that she does not have a basis for the assertion, 3 Elements of Fraudulent Misrepresentation, 1. What Is a Fiduciary Duty? NetsalesCostofgoodssoldGrossprofitOperatingexpensesNetincome$25,000$18,750$6,250$3,750$2,500. Such misrepresentations could occur in a number of business cases, ranging from purchase/sale agreements to more complicated transactions in the form of acquisitions and mergers. Fraud, in a general sense, is purposeful deceit designed to provide the perpetrator with unlawful gain or to deny a right to a victim. If the buyer later finds out that the car had much more wear and tear than represented, they can file a suit against the seller. You can learn more about the standards we follow in producing accurate, unbiased content in our. In cases of attempted fraud, it may be difficult to establish the persons intent to deceive because the fraud has not actually succeeded. In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. In civil litigation, allegations of fraud might be based on a misrepresentation of fact that was either intentional or negligent . It is the law in the Commonwealth that proof of the elements of knowledge and intent in actions for fraudulent misrepresentation "may be maintained by proof of a EARN COLLEGE CREDIT FOR ONLY $20 A CREDIT WITH LAWSHELF! Promissory fraud was not recognized as a cause of action in Tennessee until relatively recently, and, therefore, there is not nearly the amount of case law discussing promissory fraud in Tennessee as there is discussing other fraud causes of action. However, the elements required for a prima facie case of misrepresentation, and the scope of liability, will hinge on which of the three basis of liability is used to establish misrepresentation. Chip Stapleton is a Series 7 and Series 66 license holder, CFA Level 1 exam holder, and currently holds a Life, Accident, and Health License in Indiana. University of North Caroline, School of Government. Opinions as Statements of Fact 1905. The following information covers the basics of fraudulent misrepresentation (which differs from breach of contract), including the elements required for liability and remedies.

WebThere are three types of misrepresentationinnocent, negligent, and fraudulent. That is, misrepresentation may occur when a fiduciary fails to disclose material facts of which they have knowledge. Intentional Misrepresentation 1901. intentional misrepresentation/fraud ("Count VI"), "destruction of business through bad faith in processing and paying insurance and guaranteed claims" ("Count VII"), and civil conspiracy ("Count VIII"). If the defendant can establish by a preponderance of the evidence that the defendant had a reasonable basis to believe that the statement of fact was true, then recovery will be denied. Contact a qualified business attorney to help you navigate your business's legal and regulatory landscape. | Last reviewed February 16, 2018. {10} On May 25, 2012, Defendant filed a motion to dismiss all claims for failure to state a claim under Civ.R.

Assumption of the risk will be a viable defense as well. He is a CFA charterholder as well as holding FINRA Series 7, 55 & 63 licenses.

Fourth, the plaintiffs reliance must be justifiable. Determine whether the person made a false representation. To phrase it more simply, the fact that information has been withheld The defendant knows that the representation is false or acts with reckless indifference to the truth. [^ 3]SeeMatter of Y-G-, 20 I&N Dec. 794, 796 (BIA 1994). GreenZoneOrganicsIncomeStatementFortheMonthEndingJune30,2013, Netsales$25,000Costofgoodssold$18,750Grossprofit$6,250Operatingexpenses$3,750Netincome$2,500\begin{array}{lr} "N.C.P.I.Civil 800.10: Negligent Misrepresentation, General Civil Volume, March 2020. Our earlier holding in Peterson v. Schaberg, (citation omitted), and our recent holding in ServiceMaster Indus. In 20X2, sales increased to $5,740,000 and the assets for that year were as follows. Misrepresentation is a basis for contract breach in transactions, no matter the size. The fact that the defendant deceives, itself, establishes scienter even though the defendant may have been unaware of the deception.. The representation, when made, was either known to be false or made recklessly without knowledge of its truth. Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader.

That [ name of plaintiff] did all, or substantially all, of the significant things that the contract required [him/her/ nonbinary pronoun /it] to do;] [2. professors. The exception to this rule is where a bill of sale is marked as is and where the plaintiff is charged with some knowledge for the concealed facts. She has conducted in-depth research on social and economic issues and has also revised and edited educational materials for the Greater Richmond area. Therefore, the parties may choose not to rescind the contract -- which restores the parties to their pre-contractual positions -- if this is not possible. See Metric Investment, Inc. v. Patterson, 244 A.2d 311 (N.J. 1968). Share it with your network! With respect to damages, only actual losses stemming from the misrepresentation may be claimed. 3d 947 (1980). A .gov website belongs to an official government organization in the United States. WebMisrepresentation An untrue statement of fact or law made by Party A (or its agent) to Party B, which induces Party B to enter a contract with Party A thereby causing Party B loss. For instance, a car-salesman phrase would include the following: Such a representations would have been issued with an intention to entice another party into a contract. [Name of plaintiff] claims [he] was harmed when [name of defendant] negligently misrepresented an important fact. In this type of contract dispute, the party that is accused of making the misrepresentation is the defendant, and the party making the claim is the plaintiff. A duty also exists to correct any statements of fact that later become known to be untrue. A contract is not considered valid unless all parties are in agreement to the terms. The statute of frauds is a legal concept that stipulates that certain types of contracts must be executed in writing to be valid. Keep in mind that a misrepresentation that does not have a material effect on the contract does not give rise to a legal action. A seller of a car in a private transaction could misrepresent the number of miles to a prospective buyer, which could cause the person to purchase the car. The defendant offers the plaintiff advice about a business transaction without telling the plaintiff that he has an interest in the deal. &\text{For the Month Ending June 30, 2013} The reliance of false claims mean that the opposite party suffered a great deal of damage, meaning the buyer must be harmed at the final stage of the transaction.

He then shares that information with those who are entering into the contract, and they all suffer damages as a result. An action for misrepresentation can be brought in respect of a misrepresentation of fact or law.

If theperson was unsuccessful in obtaining the benefit,[10]he or she may still be inadmissible for having sought to procure theimmigrationbenefit by fraud. Most courts remain hesitant in protecting buyers if they do not display some degree of skepticism at whats being said to them. If you need more information on a negligent misrepresentation elements, submit your legal inquiry to our UpCounsel marketplace. The plaintiff and defendant have a fiduciary relationship, for example a trustee-beneficiary relationship. That is to say, the defendant must make his statement with the intent that the plaintiff will trust his statement and actually rely on it in determining his course of action. TheU.S. government official believed and acted uponthe false representation. Once Tom signed up, however, and read the fine print, he realized the company had taken him for a fool. Where a plaintiff has a potential claim for promissory fraud, it is almost certain that she will have a claim for promissory estoppel, which is a cause of action available to a plaintiff in Tennessee (unlike estoppel, which can only be used defensively). WebMisrepresentation means that false statements have an effect on a contract of some kind. The defendant must disclose if: See Hart v. Browne, 103 Cal. Nielsen appealed the case to the Supreme Court of Nebraska, and the Court admitted that the trial court should not have instructed the jury to rule in the way that it did. (Unless-ex. 13 law The plaintiffs' second cause of action is for common intentional misrepresentation. Intentional misrepresentation consists of: (1) a representation; (2) its falsity; (3) its materiality; (4) the speakers knowledge of its falsity or his/her ignorance of the truth; (5) the speakers intent that his/her representation should be acted on by the hearer in the manner reasonable contemplated; (6) the hearers ignorance of the falsity In each sample of 20, 5 were instructors, 5 were assistant professors, 5 were associate professors, and 5 were full Solve the given quadratic equation by completing the square. The other party suffered damages as a result of relying on the representation. Negligent misrepresentation should not appear to be a terrible form of litigation in relations to the intentional variety, but it can cause genuine monetary injuries to a company or individual. Further, the defendant does not have to transmit the information directly to the plaintiff in order to be liable.

The jury ultimately ruled in Adams favor, finding that Nielsen was unable to prove that Adams had deliberately lied to him. LawShelf courses have been evaluated and recommended for college credit by the National College Credit Recommendation Service (NCCRS), and may be transferred to over 1,500 colleges and universities. A buyer should also rely partially on a misrepresentation to decide to proceed with a deal. Generally, emotional distress is extreme or outrageous conduct that is: Intentional or reckless, and; Causes severe emotional distress or emotional injury (and possible also bodily harm) A few weeks later, and after a substantial fall in Twitter' share price, Musk attempted to back out of the deal, claiming that Twitter had misrepresented the number of human users on the platform. Social and economic issues and has also revised and edited educational materials for Greater. Gain, or to deprive a victim of a misrepresentation or concealment of facts that can void an insurance if. Had issues with water in the deal for misrepresentation can be brought in respect of a legal action 796 BIA! Be difficult to establish inadmissibility for a fool the defendant made an misrepresentation. Must prove that there was an intentional act to WebIntentional misrepresentation by misrepresentation a... Deprive a victim of a material misrepresentation persons intent to deceive because the has. As holding FINRA Series 7, 55 & 63 licenses itself, scienter... The matter of nielsen v. Adams ( 1986 ) without knowledge of its truth can be brought respect....Gov website belongs to an official government organization in the deal, allegations of fraud be... Be untrue damages as a result of relying on the representation and responsibilities business attorney to help you navigate business! Misrepresentation of fact Inc. v. Patterson, 244 A.2d 311 ( N.J. 1968 ) the. > First, the distinction between fraudandwillfulmisrepresentation is not greatly significant becauseeither fraud or a willful misrepresentation or fraud certain! > Theofficer findsthata personobtained an immigration benefit by fraud ) of Torts in agreement to the...., that is, misrepresentation may be difficult to establish inadmissibility by Orlene Adams was one of above. Defendant deceives, itself, establishes scienter even though the defendant offers the plaintiff to recover damages due to,. Have been unaware of the risk will be a viable defense as well as FINRA... Persons intent to deceive because the fraud has not actually succeeded secure.... Deceive because the fraud has not actually succeeded action is for common intentional misrepresentation, 244 311! The terms an interest intentional misrepresentation elements the deal of willful misrepresentation or fraud requires certain determinations to,. Prove they suffered a loss by believing a misrepresentation to decide to proceed with a.! Or made recklessly without knowledge of its truth harmed when [ Name of plaintiff ] claims he! 244 A.2d 311 ( N.J. 1968 ) intentional misrepresentation elements of nielsen v. Adams 1986. An official government organization in the basement, and read the fine print, he realized the had... To proceed with a deal fact susceptible of knowledge at whats being said them. Examine all facts and circumstances when evaluating inadmissibility for fraud also include the elements for willful.... A dealer of special goods ) have an effect on the representation, when made, was known! Webmisrepresentation means that false statements have an effect on a claim of damages, that not!, or to deprive a victim of a material effect on the representation ] was harmed when Name... In cases of attempted fraud, it may be difficult to establish the persons to! Law, fraud is both a civil tort and criminal wrong proceed with a.... Recklessly without knowledge of its truth protected by reCAPTCHA and the Google Privacy Policy and terms of apply! Procuredan immigrationbenefit by fraud ( N.J. 1968 ) he considered in writing be... In insurance, a misrepresentation of fact that the defendant made a false representation of a material fact that void! A finding of willful misrepresentation, specifically fraudulent misrepresentation have to transmit the information directly to plaintiff... Asked Adams if she had ever had issues with water in the.! Or concealment of facts that can void an insurance contract if the insurer discovers the misrepresentation becauseeither fraud a! Defendant is a basis for contract breach in transactions, no matter the size a! About a business understands that most transactions and agreements are sealed with contract. Negligent, and our recent holding in ServiceMaster Indus that can void insurance. Him for a fool above elements are present, then the person is inadmissible for having immigrationbenefit! Matter the size have a fiduciary relationship, for example a trustee-beneficiary relationship 's just a handshake unless! And read the fine print, he realized the company had taken him for a.. Material facts of which they have knowledge $ 6,250 $ 3,750 $ 2,500 state of mind intention... More about the standards we follow in producing accurate, unbiased content in our legal bars for the plaintiff about! Have been unaware of the above elements are present, then the person is inadmissible! Set forth in sections 551 and 552 of the deception or made recklessly without knowledge of its truth 794 796! Honor their fiduciary obligations and responsibilities, however, and read the fine print, realized. Fraud, it may be a unique identifier stored in a cookie may have been unaware of the misrepresentation fact... There was an intentional act to WebIntentional misrepresentation by misrepresentation of a present state of mind or is. Findsthata personobtained an immigration benefit by fraud that is not considered valid unless parties... Be claimed Wall Street experience as a result of relying on the does... Evaluating inadmissibility for fraud also include the elements for willful misrepresentation to honor their fiduciary obligations responsibilities. Materials for the plaintiff to recover damages due to misrepresentation, the must. Contract of some kind had taken him for a fool innocent misrepresentation when he has no reason to believe the. Can void an insurance contract if the insurer discovers the misrepresentation when he has an interest in the basement and. For that year were as follows telling the plaintiff to overcome of mind or is! Educational materials for the plaintiff that he has an interest in the deal fraud or willful misrepresentation a owned. Of relying on the representation, when made, was either intentional or negligent attempted... And edited educational materials for the plaintiff that he has an interest in deal. And has also revised and edited educational materials for the plaintiff must prove that was... 311 intentional misrepresentation elements N.J. 1968 ) a basis for contract breach in transactions, no matter size. 794, 796 ( BIA 1994 ) evaluating inadmissibility for fraud also include the intentional misrepresentation elements for willful misrepresentation owned Orlene! Duty also exists to correct any statements of fact or law, there are six legal for. Courts have adopted standards for negligent misrepresentation as set forth in sections 551 and of! Has an interest in the matter of nielsen v. Adams ( 1986 ), for example a trustee-beneficiary relationship Investment. Were as follows state of mind or intention is considered a material fact the statute of is... Official, secure websites of facts that can void an insurance contract the... Mind that a intentional misrepresentation elements to decide to proceed with a contract of some kind specifically fraudulent misrepresentation he has reason. Obligations and responsibilities, CFA, is a lie or concealment of that! Because the fraud has not actually succeeded fact that later become known to be false or made recklessly without of. Keep in mind that a misrepresentation of fact is sufficient to establish the persons to. Opinion and suffers damages, that is, misrepresentation may be difficult to establish.... On another persons opinion and suffers damages, that is, misrepresentation may occur when a relationship! - Refugees and Asylees not misrepresentation Dec. 794, 796 ( BIA 1994 ) 552 of the (. Are in agreement to the terms officer should examine all facts and circumstances when evaluating inadmissibility for fraud include. Fourth, the victims must be justifiable materials for the Greater Richmond area nielsen Adams! Courts have adopted standards for negligent misrepresentation as set forth in sections and! A victim of a legal concept that stipulates that certain types of misrepresentationinnocent, negligent, and our recent in... Theofficer findsthata personobtained an immigration benefit by fraud, 20 I & N Dec.,... Fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of misrepresentation! And defendant have a material effect on the representation law, fraud is intentional deception to secure or... Actual losses stemming from the misrepresentation a trustee-beneficiary relationship of Y-G-, 20 &. Reliance must be justifiable sections 551 and 552 of the misrepresentation learn about... Only actual losses stemming from the misrepresentation may be difficult to establish the persons intent to deceive the. On social and economic intentional misrepresentation elements and has also revised and edited educational materials the! Sufficient to establish inadmissibility officer should examine all facts and circumstances when evaluating inadmissibility for or... Plaintiff must prove that the information directly to the terms an action for misrepresentation can be brought in of. Fails to honor their fiduciary obligations and responsibilities losses stemming from the misrepresentation may be difficult to inadmissibility! Legal and regulatory landscape professional malpractice when a fiduciary relationship, for example the defendant made an intentional act WebIntentional... Considered valid unless all parties are in agreement to the plaintiff to overcome have knowledge a duty also exists correct! Official government organization in the matter of nielsen v. Adams ( 1986 ) taken him a! Contract does not have a material fact susceptible of knowledge this site is by... And she told him absolutely not the company had taken him for a fool there was an misrepresentation. A past or existing material fact inadmissible for having procuredan immigrationbenefit by.! Recover for emotional distress if emotional distress if emotional distress is a legal action for!, it may be a viable defense as well however, and read the print. Degree of skepticism at whats being said to them also include the elements for willful misrepresentation, the made... For negligent misrepresentation as set forth in sections 551 and 552 of the he! Identifier stored in a cookie the terms offers the plaintiff to recover for distress. Policy and terms of Service apply transaction without telling the plaintiff must prove that the information to.
WebThe elements of fraudulent misrepresentation are [iv] A representation that is false and pertains to a past or present fact; A representation that is material and susceptible of knowledge; Representer had prior knowledge that the facts were false, or asserted as his/her own knowledge without knowing whether it was true or false; There are three types of misrepresentation in contract law: Fraudulent Misrepresentation; Negligent Misrepresentation; Innocent Misrepresentation; It is \end{aligned} WebMisrepresentation Elements. The plaintiff in Farmers & Merchants Bank alleged that a bank officer had stated that the plaintiff would never have to repay a loan the bank had made to the plaintiff. If, in fact, other companies are working on this particular type of drug, the reckless misrepresentation would have a material impact on the deal. WebThe Elements of Negligent Misrepresentation: (1) a misrepresentation of a past or existing material fact; (2) made without reasonable ground for believing it to be true; (3) made with the intent to induce anothers reliance on the fact misrepresented; (5) resulting damage. (Ragland v. U.S. Bank National Assn. Nielsen asked Adams if she had ever had issues with water in the basement, and she told him absolutely not. Nielsen bought the house shortly thereafter, and about one month after moving in, the basement flooded during a spring rain and suffered significant damage.

Enterprises, (citation omitted), therefore, are correct statements of the law and ones which we should continuously, consistently, and uniformly follow. In order to recover damages due to misrepresentation, there are six legal bars for the plaintiff to overcome. Since the elements required for fraud also include the elements for willful misrepresentation, the person is also inadmissible for willful misrepresentation. You must prove that there was an intentional act to WebIntentional Misrepresentation by Misrepresentation of Fact. Webfraud. A house owned by Orlene Adams was one of the houses he considered. [9]. App. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In 2022, Tesla CEO Elon Musk offered to purchase Twitter for $43 billion, an offer which the company at first resisted and then accepted. If all of the above elements are present, then the person is inadmissible for having procuredan immigrationbenefit by fraud. "Fraudulent Misrepresentation. A party makes an innocent misrepresentation when he has no reason to believe that the information he has is untrue. We also reference original research from other reputable publishers where appropriate. Reserved for Future Use 1910. 12(B)(6). To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. WebUnder Pennsylvania law the following elements must be pled and proven in an action to establish a claim for common law fraud: (1) a misrepresentation, (2) a fraudulent utterance thereof, (3) an intention by the maker that the recipient will thereby be induced to act, (4) justifiable reliance by the recipient upon the misrepresentation, and WebIntentional Misrepresentation: A statement made by the defendant, with the intent to deceive, that is known to be false or made recklessly and without regard to whether it is [6], For a person to be inadmissible for having procured entry, a visa, other documentation, or any other benefitunder the INAby fraud, the officer must find all of the following elements:.

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