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State of New York v Kathleen Sanksniit (Academic Fraud)


noted  8 | 2032 ☆☆☆☆☆  
Jan 26, 2023 | #1
For those of you who are worried about how the state laws of New York affects the way that you use both company or independent writer services, I strongly urge you to look up the case of State of New York V. Kathleen Sanksniit. The latter owned a term paper company in New York that was ordered to shut down and dissolve by the the state government, as represented by the state attorney general due to proven accusations of misrepresentation and essay mill services.

Academic FraudTo those of you unfamiliar with the case, the company was proven to be in violation of N.Y. Exec. Law § 63, subd. 12; Business Corporation Law, § 1101 since it was proven that the only business the company was involved in, as per their company name, was term paper writing. The company aliases Term Papers, Inc., New York City Term Papers, Inc., Term Papers Unlimited of New York, and Term Papers Unlimited New York were all ordered to dissolve upon the end of the trial (if that is the correct term for it).

Alongside this, the companies and its owners, represented by Sanksniit, also violated Subdivision 2 of Section 224 Educ. of the Educational Law that indicates:

No person shall attempt to obtain by fradulent means any diploma, certificate, or any other instrument purporting to confer any literary, scientific, professional or any other degree.

Considered a Misdemeanor, any person who aids and abets in violation of this law will be seen as guilty and face the same penalties as the student. Declaring that "I do not care how the students use the paper I wrote for them" is not an acceptable defense. The mere fact the company or writer knows he (as in default American gender reference) wrote a paper for a student already makes him equally guilty of the crime. Therefore equal penalties are applied.

This is the main reason why a student who buys a paper from any writer or company MUST rewrite the paper that was submitted to them upon ordering. This is also why the writers should advise the students revise the paper prior to submission. A student aware of the law is a protected student. A student will never be aware of these laws on their own.

Paying to have the paper ghost written is considered cheating. Submitting it for a grade is considered Fraud. Both the student and writer, when caught, will be held liable for the offense. This is a violation of N.Y. Educ. Law § 225. Basically, if the writer even has an inkling that the paper may be used in violation of academic law then, he will have assisted the student in gaining a diploma through fraudulent means. The writer knows this will happen once he receives the writing instructions for the paper. Asking the writer to "dumb it down" is evidence of knowing that the student intends to submit the essay for a grade.

In a nutshell, this is what the aforementioned person and company was accused of and had been proven to be in violation of. My advice? Rewrite the essays you buy to make sure you do not run afoul of this law. The companies and writers that blackmail the students in New York are aware of this law and know that they can use it to scare the student into paying for their silence in the long term.

I am not telling anybody not to hire academic writers, they do have their benefits.However, students should be aware of the law they are violating, which the universities will use during the academic trial. The student needs to work around the law and the only effective work around is to NEVER submit the bought essay for a grade. Always rework the paper to erase all trails of paid ghost writing.

My knowledge of the case may be incomplete. I may even have misunderstood some aspects of the case. The law is subject to interpretation, specially for a person without a Law background like myself. If someone has a Law background, that person does not have any excuse to knowingly disregard these laws as an independent writer or academic writing company owner. The basis of the laws do not change. No matter how one spins it, it does not erase the fact that New York Education laws are violated by students and academic writers when they do not clean up their tracks before submitting the paper.

Both the student and the company / writer should be covering their butts. For writers, it is to avoid being accused of aiding in Fraud. For students, it is to avoid potential blackmail in the future by the parties he engaged to ghost write the paper for him.
The opinions are that of the author's alone based on an individual capacity. Opinions are provided "as is" and are not error-free.
FreelanceWriter  6 | 3089   ☆☆☆   Freelance Writer
Jan 26, 2023 | #2
My knowledge of the case may be incomplete. I may even have misunderstood some aspects of the case.

No kidding.

The case that you've referenced and incorrectly interpreted is from 1972, which is how far back you'd have to go just to find any related prosecution. Neither of the statutes you referenced either targets or has ever even been attempted to be applied against any student or customer of any essay company in connection with submission of any piece of academic writing. Students have much more to be concerned about when they foolishly choose to do business with any essay company whose TOS expressly say that the essay company reserves the right to contact the student's educational institution to "protect" their copyright anytime they suspect that students might have violated their TOS by submitting their projects for credit. None of my clients has to worry about that, because my clients have exclusive copyright ownership of any project that they pay me to write. Obviously, I advise every client to use my work as a model for their own writing; but I don't monitor or police their choices once they receive my work. I no longer own (or share) copyrights to their work; so, I have no copyright to "protect." Whatever decisions my clients make about using my work is entirely their private business.

If I were a student, I'd never do business with any company whose TOS limit my use of the work for which they paid a lot of money to "reading," "studying," and "citing" it as a source and whose TOS expressly say that the company continues to own the work, exclusively. If the company owns the copyright, that, by definition, also means the company has the legal right to resell the work or publish it as a sample, without limitation. My transfer of copyright ownership, by definition, means that I'm prohibited from ever making any kind of use of any project written for my clients, because my clients own the work entirely and exclusively. I even need permission from my clients just to use part of an old project as a free sample, which is why I've actually agreed to provide free work to clients who have allowed me to do so. Essay companies that retain copyright ownership need no such permission to resell, publish, or post the essays they sell as samples on their websites.
a1writer  3 | 292   Freelance Writer
Jan 26, 2023 | #3
Students have much more to be concerned about when they foolishly choose to do business with any essay company

Actually students have more to fear when they foolishly choose to do business with certain freelance writers.

Are you so dense that you do not realise that you are breaking the law in Britain and probably in 17 USA states too? I could go on and on like you ad nauseam but really it comes down to this. Your essay writing services break British law and any student reading this forum should therefore be very wary of engaging you. If you don't get that I despair even more of you and your unscrupulous attitude towards students,
FreelanceWriter  6 | 3089   ☆☆☆   Freelance Writer
Jan 26, 2023 | #4
essay writing services break British law

Maybe I should invest in a POB in the United Arab Emirates, like ukessays: "UKEssays is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE." https://us.ukessays.com/
a1writer  3 | 292   Freelance Writer
Jan 27, 2023 | #5
@FreelanceWriter

Their website says "If you submit contact information that suggests you are studying at an English higher education institution, we are obliged to cancel your order. This would include using an ac.uk email address from an English University and/or English geographic phone prefixes..."

They are trading legitimately within the law and you are not.
FreelanceWriter  6 | 3089   ☆☆☆   Freelance Writer
Jan 27, 2023 | #6
Their website says "If you submit contact information that suggests you are studying at an English higher education institution, we are obliged to cancel your order.

OK. Let me just get this straight: They only provide work that's designed exclusively as study aids and writing models that violate absolutely no law, because they're not designed or intended to be submitted for credit, right? Then, why would they have to cancel orders from students at English schools, or at any schools, for that matter, since there's nothing illegal about the product they're providing? Huh?

This would include using an ac.uk email address from an English University and/or English geographic phone prefixes..."

And how many customers are actually dopey enough to contact you from their ac.uk email addresses, or to send you materials clearly identifying their schools, or to announce to you "Hi. I just want you to know that I attend Cambridge University!!" Answer: Almost 0.0 students, right? Therefore, this "warning" really serves the exact same purpose of (barely) plausible deniability as the version of that provision common among US essay-company TOS, that say "If we become aware that you intend to or have submitted the project for credit, we reserve the right to refuse any continued work on it." In reality, aside from (barely) plausible deniability, this is also routinely exploited by essay companies to refuse to honor their quality "guarantees" and related promises of free (sometimes "unlimited" rewrites), such as anytime a customer complains: "I ordered and paid your price for a 2:1 but my essay only got a 3." Typically, (from complaints documented on this forum), if the low grade were awarded for the exact essay, as delivered, the company refuses to revise it because the client "violated" their TOS; but if the same client substantially rewrote it so that (at least arguendo) it's no longer a case of violating your TOS or cheating, then, the company refuses to revise it because the lower mark was attributable to the client's changes that made it worse than the essay originally delivered by the company. So, as to the company vs. the disappointed student who simply hoped to be able to rely on your grade-level and revision "guarantees," it's really just "heads/I win or tails/you lose. Got it. Very clever.

They are trading legitimately within the law and you are not.

Why did they change their registration to the UAE in the first place? Let's please also apply similar scrutiny and the exact same supposed high ethical standards that you've always conveniently claimed, for the purpose of calling me "deceitful" for choosing not to provide a phone # on my website, (the way almost every complete scam company provides a useless phone # and for which I provided a half-dozen very sensible reasons), and for "concealing" my price list (mainly, because I can't price many projects without reviewing them and all of their details, requirements, and deadlines first, since I'm the one who'll be writing them). Just imagine what you and "Noted" would be screaming about until you both turned blue if it turned out that I actually lived in Buffalo, NY or in Elmira, NY or in Manhattan, KS, instead of in Manhattan, NYC? You'd both be screaming about how my url and my entire website name is "fraudulent." So using YOUR logic and standards, if ukessays is really registered in the UAE, why does it use such a "deceitful" url and company name that "conceals" its real location (if one wants to call a POB in a mail facility a "location," that is), instead of something more "honest" like "ukessaysinuae.com" or "uaeessaysforuk.com"?
a1writer  3 | 292   Freelance Writer
Jan 27, 2023 | #7
hen, why would they have to cancel orders from students at English schools, or at any schools, for that matter, since there's nothing illegal about the product they're providing? Huh?

The quotation refers to "English higher education establishments" so what is your point? Who mentioned schools? Maybe you write essays for 14 year olds as that is about your level. I truly don't think you understand the legislation and you say you have a Law degree which is worrying.

There is no ability for the company to circumvent the law by stating in its TOCs that the essay should not be handed in "for credit" as you put it. You just can't grap this point.

As you rightly feel threatened by UKEssays you need to undertake due diligence.
Their website further states "Should your IP address suggest you are in England, you may be contacted for a secondary check requesting proof of your place of study". There are further terms relating to other evidence they can request.

It's none of our business why UKEssays is a trading name of a company registered in UAE. The critical point is that this information is clearly stated at the bottom of each page on their website. It isn't hidden in some small print on an obscure page. So they can continue using their well-known name without being deceitful.

The whole point is that the company is complying with English law and you are not. They are not the dishonest or fraudlent ones.




Forum / General Talk / State of New York v Kathleen Sanksniit (Academic Fraud)