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.