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FRAUD – WHAT IS FRAUD? Is Fraud Criminal? Is Fraud Civil?

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FRAUD – WHAT IS FRAUD? Is Fraud Criminal? Is Fraud Civil? August 02, 2019 The most common question we get is: “What is Fraud” which is often followed by “Is Fraud Criminal” or “Is Fraud Civil”. Essentially fraud is an overreaching term that refers to the use of deceptive tactics or wrongful acts for the purposes of monetary or personal gain. Fraud occurs in many forms including a false statement, a misrepresentation, a deceitful omission and/or intentional mismanagement of resources. What is Fraud? Is Fraud Criminal? Is Fraud Civil? Fraud is addressed in both criminal and civil law. As such fraud charges can be brought criminally or a cause of action for fraud can be brought in a civil lawsuit. There are many reasons as to why a fraud victim may consider recourse under both avenues; however two of the many differences when seeking recourse in a criminal forum versus a civil one is: (1) who will be bring forth the fraud claims and (2) the standard of proof to prove fraud. How is Fraud Prosecuted? - Criminal Fraud Charges In a criminal setting, fraud charges are brought by a government prosecutor. Moreover the standard of proof in a criminal setting is heighted and requires proof of the fraud “beyond a reasonable doubt”. What is Fraud Litigation? - A Civil Fraud Claim In a civil lawsuit, a cause of action for fraud is alleged by a fraud victim and often with the assistance of a civil fraud attorney. Moreover the standard of proof in a civil trial is lower and merely requires a showing of fraud by a “preponderance of the evidence”. If you have fallen victim to fraud or have questions as to a fraud claim we encourage you to reach our to our offices at 619-432-5145 for a free consultation with one of our civil fraud attorneys and fraud lawyers. TAGS: California Investment Attorney, San Diego Investment Attorney, Legal Foreign Direct Investment, FDI in California, Foreign Direct Investment Attorney, Foreign Direct Investment Lawyer, California Investment Attorney, San Diego Investment Attorney, California Fraud Attorney, San Diego Fraud Attorney, Fraud by making false representations, Intentional Failure to disclose, Contract induced by fraud, False representations in contracts, Fraudulent Inducement in Investments, Fraudulent tactics in Investment transactions, Fraudulent Agreements, misappropriation of funds, financial mismanagement, misappropriation of funds attorney, financial mismanagement attorney, San Diego Breach of Fiduciary Attorney, California Fiduciary Attorney, San Diego Fiduciary Attorney, California Fiduciary Lawyer, San Diego Fiduciary Lawyer, Breach of Fiduciary, WHAT IS FRAUD, Is Fraud Criminal, Is Fraud Civil, What is Fraud Litigation, Fraud Litigation, A Civil Fraud Claim, Fraud Claim, How is Fraud Prosecuted, Fraud Prosecuted, Criminal Fraud Charges, Fraud Charges

FRAUD – WHAT IS FRAUD? Is Fraud Criminal? Is Fraud Civil?

FRAUD – WHAT IS FRAUD? Is Fraud Criminal? Is Fraud Civil?

August 02, 2019

The most common question we get is: “What is Fraud” which is often followed by “Is Fraud Criminal” or “Is Fraud Civil”. Essentially fraud is an overreaching term that refers to the use of deceptive tactics or wrongful acts for the purposes of monetary or personal gain.  Fraud occurs in many forms including a false statement, a misrepresentation, a deceitful omission and/or intentional mismanagement of resources.

What is Fraud? Is Fraud Criminal? Is Fraud Civil?

Fraud is addressed in both criminal and civil law.   As such fraud charges can be brought criminally or a cause of action for fraud can be brought in a civil lawsuit.  There are many reasons as to why a fraud victim may consider recourse under both avenues; however two differences when seeking recourse in a criminal forum versus a civil one is: (1) who will be bring forth the fraud claims and (2) the standard of proof to prove fraud.

How is Fraud Prosecuted? – Criminal Fraud Charges

In a criminal setting, fraud charges are brought by a government prosecutor. Moreover the standard of proof in a criminal setting is heighted and requires proof of the fraud “beyond a reasonable doubt”.

What is Fraud Litigation? – A Civil Fraud Claim

In a civil lawsuit, a cause of action for fraud is alleged by a fraud victim and often with the assistance of a civil fraud attorney. Moreover the standard of proof in a civil trial is lower and merely requires a showing of fraud by a “preponderance of the evidence”.

If you have fallen victim to fraud or have questions about a fraud claim we encourage you to contact our offices at 619-432-5145 for a free consultation with one of our civil fraud attorneys and fraud lawyers.

Diana Legal