Fraud is defined as the intentional use of deceit, a trick or some
dishonest means to deprive another of his/her/its money, property or a
legal right.
A party who has lost something due to fraud is entitled to
file a lawsuit for damages against the party acting fraudulently, and
the damages may include punitive damages as a punishment or public
example due to the malicious nature of the fraud.
Quite often there are
several persons involved in a scheme to commit fraud and each and all
may be liable for the total damages. Inherent in fraud is an unjust
advantage over another which injures that person or entity. It includes
failing to point out a known mistake in a contract or other writing
(such as a deed), or not revealing a fact which he/she has a duty to
communicate, such as a survey which shows there are only 10 acres of
land being purchased and not 20 as originally understood.
Constructive fraud can be proved by a showing of breach of legal duty (like using the trust funds held for another in an investment in one's own business) without direct proof of fraud or fraudulent intent.
Extrinsic fraud occurs when deceit is employed to keep someone from exercising a right, such as a fair trial, by hiding evidence or misleading the opposing party in a lawsuit.
Classifications
There are many classifications and types of Fraud cases:
- Bank Fraud
- Bankruptcy Fraud
- Credit Card Fraud
- Health Care Fraud
- Insurance Fraud
- Internet Fraud
- Securities/Investment Fraud
- Telemarketing Fraud
- Wire Fraud
- Etc.
Consequences of a Fraud Conviction
Consequences for the conviction of Fraud may potentially include:
- Imprisonment
- Probation or parole
- Loss of the right to be bonded
- Restitution (paid to the victims to compensate for any losses)
- Court ordered counseling
- Significant fines
- Other
Determining Punishment
Likelihood of any of the above consequences depends upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defense of Fraud Charges
Defenses of Fraud may potentially include:
- Insufficient evidence
- Factual innocence
- True owner
- Other
What can You Do to Improve the Outcome of Your Case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
- DO NOT investigate your own case
What can We Do to Help?
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case.
- In appropriate cases, negotiate jail alternatives
- Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
