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.
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:
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:
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.
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.
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.
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