FRAUD – Do I have a Fraud Claim? Recovering Fraud Money

FRAUD – Do I have a Fraud Claim? Recovering Fraud Money

August 15, 2019

A common question is “Do I have a Fraud Claim”? This question is often followed by can I recover fraud money? In essence fraud victims often inquire if it is possible to recover fraudulently acquired money in a civil fraud lawsuit?

In short the answer is possibly. Generally speaking a fraud victim can recovery fraud money by filing a fraud claim when three things are present:

• Solvency: The fraudster is solvent; this requirement is less necessary when the wrongdoer is a California corporation. The Secretary of State of California has set up a Victims of Corporate Fraud Compensation Fund “VCFCF” which provides limited restitution to victims of corporate fraud; for further information on Victims of Corporate Fraud Compensation Fund:http://dianalegal.com/business-fraud-i-corporate-fraud-how-can-the-secretary-of-state-help-victims-of-corporate-fraud-vcfcf-victims-of-corporate-fraud-compensation-fund/
• Fraud Money was Fraudulently Acquired: A fraud victim must be able to establish that they were defrauded and the wrongdoer acquired fraud money via: Promissory Fraud, False Promise Fraud, Intentional Misrepresentation, Deceit or other fraudulent acts. Click on these links to better understand what actions constitute a civil fraud claim:http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-fraud-via-false-promise-or-promissory-fraud/and  http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-intentional-fraud-and-deceit/
• Fraud Claim is established by a “Preponderance of the Evidence”: There must be an evidentiary showing that meets the standard of proof, making it more likely than not that fraud money was intentionally acquired from a fraud victim. Click on this link to better understand the differences between the standard of proof required in a civil fraud claim versus a criminal fraud prosecution: http://dianalegal.com/fraud-what-is-fraud-is-fraud-criminal-is-fraud-civil/

If you have fallen victim to fraud or have questions about recovering fraud money we encourage you to contact our offices at 619-432-5145 for a free consultation with a civil fraud claim attorney and fraud lawsuit lawyer.