By now, you must have seen many TV commercials and Internet ads about CPAP lawsuit. If you are still confused and don’t know what all the fuss is about, then you came to the right place. A few months ago, Philips Respironics issued a voluntary recall of some of its CPAP, BiPAP, and ventilator machines
A minor misunderstanding or one misstep can easily land you in an awkward situation where you are left battling with accusations of fraud. Today, an individual or a business can easily claim you obtained money or property you did not have any right to.
Unfortunately, defending yourself against such crimes can be quite daunting. If you ever find yourself in such a scenario, the best thing to do is remain silent and contact our team of experienced fraud lawyers for assistance.
What Is Criminal Fraud?
Criminal fraud occurs when someone choreographs an elaborate scheme to cheat and deceive others for monetary gain. In some cases, the person committing fraud may be interested in money and other things such as company data.
A good example of criminal fraud is when someone assumes the identity of another person and then uses the forged identity to steal from others or even commit other heinous acts. Typically, an individual engaging in criminal fraud risks facing charges that may result in hefty fines and lengthy jail terms.
To support a criminal conviction, the following elements must be proved in court:
- Misrepresentation of a material fact
- No reasonable doubt that the accused was misrepresenting a fact purposefully with the sole intention of extorting/fooling the victim
- The victim believed the misrepresented fact and relied on it to make a decision
- The victim suffered considerable damages as a result of the misrepresentation
Our Fraud Lawyers Can Help You
What Are the Different Types of Fraud?
Fraud takes many different forms and can occur in different contexts. However, the underlying elements remain the same. Some of the common types of fraud include:
- Check fraud<
- Identity theft
- Credit card fraud
- Bankruptcy fraud
- Insurance fraud
- Email fraud (phishing)
- Mail/wire fraud
- Securities fraud
- Pharmacy fraud
- Debit card fraud
- Gambling fraud
While this list may not be comprehensive, the fundamental element that ties all these types of fraud together is that someone conceals the truth from you, and you unknowingly rely on their lies to decide.
Do You Want to Speak to One of Our Experienced Criminal Fraud Attorneys?
Whether you are the accused or the defendant, you need a competent fraud attorney to refute the claims of the other party and fight for your rights. Our attorneys are waiting on the line to take over your case and help you.
What Is the Difference between Criminal and Civil Fraud?
While the basic elements in both civil and criminal fraud cases are the same, there are a few differences between the two.
In most cases, criminal fraud cases are held to a much higher standard of proof since the prosecutor has to prove that the accused intended to commit the crime to benefit from it. In most cases, it doesn’t matter whether the fraud was successful or not. The critical part is proving that there was an intention to commit a crime and an attempt was made.
In civil fraud, the law requires the plaintiff to prove that the accused caused injury to him/her through their actions. However, in criminal fraud, the prosecutors’ primary role is to prove that the person indeed committed a crime. It doesn’t matter whether the crime caused damage to others or not.
Unlike in criminal fraud, a person found guilty of committing civil fraud may be ordered to pay the defendant additional compensation based on the extent of pain and suffering that their actions caused the plaintiff.
Articles About Criminal Law
Do you suffer from Obstructive Sleep Apnea (OSA)? If so, you are among the 22 million Americans who suffer from the condition and rely on CPAP therapy for better sleep. CPAP stands for continuous positive airway pressure machine designed to help people with OSA breathe better when sleeping. Without the machine, you may find yourself
Approximately 22 million Americans suffer from obstructive sleep apnea. It means that most of these individuals depend on continuous positive airway pressure (CPAP), bi-level positive airway pressure (BiPAP), and mechanical ventilators from companies such as Philips to have an undisturbed sleep. But the recent voluntary recall of over 4 million Philips CPAP, BiPAP, and ventilator