what is a fraud lawyer

A consumer fraud attorney fights for the victims of unfair and deceptive business practices. Companies that use illegal practices to profit at the expense of the consumer must be held accountable and removed from competition with businesses that use fair and legal methods.

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Can you sue a lawyer for committing fraud?

A fraud lawyer can advise you about important legal strategies, draft and file necessary legal documents, and provide representation in court. Over 5 Million people and business have posted cases on LegalMatch

How to become a fraud lawyer?

What Is a Consumer Fraud Lawyer? A consumer fraud attorney fights for the victims of unfair and deceptive business practices. Companies that use illegal practices to profit at the expense of the consumer must be held accountable and removed from competition with businesses that use fair and legal methods.

Can a lawyer beat a fraud charge?

May 01, 2022 · If you are a victim of fraud, whether as an individual or a business, it is important to seek legal assistance from a qualified fraud lawyer, who is knowledgeable of the state and federal laws that apply in your jurisdiction. The attorney will help you in understanding various concepts behind fraud as identified below.

What kind of Attorney handles fraud?

Bank fraud is a serious crime with severe consequences. Under the federal law, a person convicted of bank fraud can be ordered to pay a fine of up to $1,000,000 or imprisoned for up to 30 years. In severe cases the court can impose both a fine and jail time.

What is investor fraud?

Investor Fraud: This may include misrepresentations and omissions, unauthorized trading or recommending unsuitable investments.

How to help a victim of fraud?

State and federal consumer protection agencies also may be able to help you. If you are a victim of fraud, you should take action, file a complaint or seek help, whether that’s from a lawyer or a government agency.

How can a consumer be harmed?

A person can be harmed by consumer fraud in many different ways. Consumer fraud lawsuits are typically filed over alleged unfair and deceptive tactics used for financial gain. Consumer fraud occurs at the expense of consumers and includes bait-and-switch schemes, false disclosure of corrupt bookkeeping, charging for services that were not provided, false or misleading advertising, and unfair pricing. If you have been a victim of practices like these, you may be able to get compensation through a consumer fraud lawsuit. Call 1-800-YOUR-LAWYER today to speak with an experienced consumer fraud attorney at Parker Waichman LLP about your legal rights.

How does consumer fraud affect the marketplace?

Consumer fraud not only harms individuals, but it also harms the marketplace by allowing fraudulent businesses to gain an unfair advantage over ethical competitors. Thankfully, victims of consumer fraud do have recourse in the form of skilled fraud lawyers. Through a consumer fraud lawsuit, companies that perpetrate fraud can be brought ...

What is the number to call for consumer fraud?

Call 1-800-YOUR-LAWYER today to speak with an experienced consumer fraud attorney at Parker Waichman LLP about your legal rights.

What are the most common types of consumer fraud?

The most common types of consumer fraud include: Advanced-Fee Loans: This is the most common type of consumer fraud and occurs when a consumer is asked to pay money in advance to secure a loan or a credit card. Automobile Fraud: When an automobile dealership misrepresents or fails to reveal the true condition of a used vehicle, ...

What is buyer club fraud?

Buyers’ Club Membership Fraud: This occurs when a consumer has not agreed to join but is asked to pay for a buyers’ club membership or a buyers’ publication.

Fraud Litigation Lawsuits

Fraud lawsuits encompass a number of legal issues and claims from civil to commercial litigation claims related to:

When to Hire a Fraud Lawyer

If you are a victim of fraud, whether as an individual or a business, it is important to seek legal assistance from a qualified fraud lawyer, who is knowledgeable of the state and federal laws that apply in your jurisdiction. The attorney will help you in understanding various concepts behind fraud as identified below.

Seek Legal Assistance from Fraud Lawyers

The laws surrounding fraud litigation are complicated. Based on the scope of the fraud in question, you will need to hire fraud attorneys with varying degrees of experience. At Beles & Beles Law Office, we have experience to defensively and affirmatively litigate cases where fraud is the central issue.

What is bank fraud?

Bank fraud is a crime that must be done knowingly. In order to find a person guilty of such a crime the prosecution must prove that the defendant conducted the crime with knowledge. Here is a simple example to illustrate whether or not an individual knowingly participated in a bank fraud crime:

How does fraud occur in banking?

Under federal law, bank fraud can occur when someone either illegally obtains funds from a financial institution through deception or attempts to illegally gain access to such assets. The funds or assets can be owned by the bank or can be held by the financial institution on behalf of an individual or company.

What are the different types of bank fraud?

There are several different types of bank fraud, including, but not limited to the following: 1 Check Theft: this can occur when someone, for example, steals checks from another’s mailbox. 2 Counterfeiting: this happens when someone makes fake money or credit cards and attempts to present them as a real form of currency or credit. 3 Direct Deposit Fraud: these types of scams target company’s human resources departments and/or individuals with direct deposit accounts and encourage them to switch to a fictitious other bank account. 4 Forgery: occurs when one falsifies the signature of another. 5 Identity Theft: most often occurs online by cybercriminals and is prevalent in our country as well as globally. It can occur to anyone and once it does it can be difficult to regain one’s identity. 6 Payment Fraud: can include unauthorized transactions, stolen goods or fraudulent returns of merchandise.

What is direct deposit fraud?

Direct Deposit Fraud: these types of scams target company’s human resources departments and/or individuals with direct deposit accounts and encourage them to switch to a fictitious other bank account.

Why do victims fall prey to bank fraud?

The victim falls prey to believe the information that the bank fraudster is conveying because the fraudster often has just enough information to convince folks that they are legitimate. Victims, unwittingly, give out sensitive information that promotes the bank fraudster’s criminal activities.

How long can you be in jail for bank fraud?

Under the federal law, a person convicted of bank fraud can be ordered to pay a fine of up to $1,000,000 or imprisoned for up to 30 years. In severe cases the court can impose both a fine and jail time.

What to do if you are accused of bank fraud?

If you have been accused of bank fraud, then it is imperative to speak with a criminal attorney as soon as possible. A criminal defense attorney has the experience and knowledge to assist you with this serious matter.

What is fraud law?

Fraud law covers a broad range of crimes and civil tort actions that address situations in which a person wrongfully obtains money, property, or other benefits by deceit. In the criminal context, fraud is typically charged as a felony, meaning that a conviction can result in a year or more of incarceration. Criminal penalties can also include statutory fines, restitution (victim reimbursement), community service, as well as the loss of civil rights associated with a felony conviction. In civil court, financial compensation is generally the plaintiff's sole remedy. Fraud cases can be brought in either state or federal court.

What to do if you are charged with fraud?

If you have been charged with a fraud crime, or if you are a fraud victim seeking compensation for your loss, you need a professional to fight for your rights. An attorney familiar with the fraud laws in your jurisdiction can do just that. To learn more, contact a lawyer in your area today.

What is the most common type of fraud?

A substantial percentage of the convictions entered each day in the United States involve fraud. Check and credit card fraud are two of the most common. Check fraud is widespread, as it requires only that the defendant write a check knowing at the time that the account contains insufficient funds to cover the transaction. There is a misconception that intentionally "bouncing" a check is more or less tolerated by law enforcement, and that it only exposes the check writer to modest bank and merchant fees. This is not so. Particularly in cases involving repeat offenders, a conviction for check fraud can result in significant jail time.

What is the burden of proof for a tort of fraud?

The tort of fraud need only be proven by a "preponderance of the evidence." This is an easier burden to meet than the "beyond a reasonable doubt" standard that applies in criminal proceedings. Civil litigants are also entitled to discovery, meaning they can force the defendant to turn over financial records, email messages, and the other evidence necessary to build a fraud case. In fact, if a victim is unable to recover compensation in civil court, it is probably because the defendant no longer has the money to pay the judgment - not because the victim is unable to prove his or her case.

What is credit card fraud?

Credit card fraud occurs when an individual uses a card belonging to someone else without permission. The individual may have stolen the card from the owner, or simply obtained the account number through any number of schemes, such as skimming card information from a gas pump, or phishing for it using a fake internet website. The account is then used to purchase goods or services, or to remove money from an ATM machine.

What are some examples of non-financial fraud?

Common types of non-financial fraud include overseas romance schemes (to obtain immigration benefits) and identity theft. These examples are by no means a complete list of the devices criminals use to trick unsuspecting victims for the purpose of personal gain.

Can a defendant go unpunished?

Even in the face of overwhelming evidence of guilt, a defendant may go unpunished as a result of prosecutorial errors, constitutional violations committed by the police , and so forth. By contrast, the likelihood of establishing liability in civil court is much higher. The tort of fraud need only be proven by a "preponderance of the evidence.".

What is loan fraud?

Loan fraud occurs when an individual falsifies their application for a loan. This can happen in situations involving personal or business loans. For example, if the borrower lies on their loan application, this will cause the bank or other lending institution to suffer monetary loss and setbacks in their business operations.

What to do if you are a victim of loan fraud?

A lawyer can look through your records and help formulate your defense. If you are a victim of loan fraud, you will need to cooperate with the criminal investigation. You can also consult with a business lawyer to determine if you can get money damages as a result of the loan fraud.

What to do if you think you have been frauded on a mortgage?

If you think you have been frauded during a mortgage transaction in these or other ways it is a good idea to consult with a criminal defense lawyer and/or a real estate lawyer.

Why do people do mortgage fraud?

Some reasons people do this is to get approved for more money or obtain loans with lower interest rates. Some common examples of mortgage fraud include exaggerating income, claiming you are employed when you do not have a job, and trying to avoid higher interest rates by claiming you will occupy the property when the intention is to buy it as an investment property.

What happens if you give a false application?

Providing a false application could cause the buyer to suffer financial setbacks and miss out on opportunities to purchase other real estate. It is important to know what constitutes loan fraud and what rights you have if you experience loan fraud.

Is loan fraud a crime?

Loan fraud can be considered a white collar offense with criminal consequences, especially if a large sum of money is involved. It can also have business and personal ramifications. Some possible consequences are fines, prison time, affected citizenship status, loss of future job prospects, damaged business reputation, and loss of future business opportunities.

Can a loan fraud victim be charged with a crime?

As such, victims of loan fraud can press criminal charges. They may also have a civil case to get an award of money damages. A likely cause of action would be breach of contract or misrepresentation. A paper trail will be necessary to prove the fraud.

What is fraud in law?

What most people think of as a “fraud” is known in the law as an intentional misrepresentation or deceit. An intentional misrepresentation occurs when “a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract” makes “ [t]he suggestion, as a fact, ...

What are the elements of fraud?

Sometimes the tort known as fraud or deceit is stated with four elements, rather than five: (1) a knowingly false representation by the defendant; (2) an intent to deceive or induce reliance; (3) justifiable reliance by the plaintiff; and (4) resulting damages. See Service by Medallion, Inc. v. Clorox Co. (1996) 44 Cal.App.4th 1807, 1816.

What is the heightened standard for fraud claims in California?

Superior Court (1996) 12 Cal.4th 631, 645. This means that it is “ [a] plaintiff’s burden in asserting a fraud claim… [to] ‘allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written. ’” This heightened standard means that some claims never make it past the pleading stage. By contrast, a fraud claim can also be defended by an affirmative defense to fraud.

What is representation in torts?

Under the Restatement (Second) of Torts section 538A, a representation is an opinion “if it expresses only (a) the belief of the maker, without certainty, as to the existence of a fact; or (b) his judgment as to quality, value, authenticity, or other matters of judgment.” This means that mere “puffing,” or sales talk, is generally considered opinion. Hauter v. Zogarts (1975) 14 Cal.3d 104, 112.

Does submission of this form create an attorney client relationship?

Submission of this form does not create an attorney client relationship. Please do not submit confidential information.

Is negligent misrepresentation intentional?

However, under negligent misrepresentation, the intent is merely the “intent to induce another’s reliance on the fact misrepresented.” Thrifty Payless, Inc. v. The Americana at Brand, LLC (2013) 218 Cal. App. 4th 1230, 1239. Sometimes, what appears to be an intentional misrepresentation may be more appropriately classified as a negligent misrepresentation, which often grants the plaintiff very similar remedies.

What is bank fraud?

The offenses categorized as bank fraud involve two types of schemes. In schemes to defraud banks and other financial institutions, a person might use forged or altered checks to withdraw money from fake accounts. Schemes targeting bank depositors might involve theft or forgery of checks drawn on real accounts, or misuse of deposited funds by bank employees or officers.

What is insurance fraud?

Insurance fraud includes any scheme to obtain insurance coverage through deceptive means, or false or misleading claims made in order to obtain money from an insurance policy payout. “Soft” insurance fraud involves false information provided in an application for coverage or a claim for a damage payout, such as concealing information ...

What is the federal government's jurisdiction over fraud?

The federal government asserts jurisdiction over fraud offenses that make use of interstate commerce. In the 19th century, Congress passed the mail fraud statute, which prohibits any scheme or artifice to defraud that involves false representations transmitted by the U.S. Postal Service and other carriers that deliver between the states. Congress passed the wire fraud statute in the mid-20th century, expanding the provisions of mail fraud to communications sent by telephone, radio, or television. Courts have since expanded the wire fraud statute’s scope to cover cable and internet communications as well.

What is fraud against the government?

Federal law deals with fraudulent acts targeting specific areas of government separately from fraud that targets private individuals or businesses. This includes fraud by government contractors, private individuals and businesses, and government employees and officials themselves.

What is the term for knowingly making false statements of material fact?

Certain cases of the offense known as perjury , which involves knowingly making false statements of material fact, either under oath or “under penalty of perjury,” are closely related to fraud. Unsworn statements signed “under penalty of perjury” in connection with a public assistance program or tax program, for example, could be considered both fraud and perjury.

What is the difference between theft and fraud?

The second key difference between fraud and theft is that the “scheme or artifice” is the key element of a fraud offense, instead of the actual wrongful acquisition of property. This means that a person could be found guilty of fraud even if the scheme does not succeed.

What is the term for a deliberate scheme to obtain financial or similar gain by using false statements, misrepresentations

Fraud. A deliberate scheme to obtain financial or similar gain by using false statements, misrepresentations, concealment of important information, or deceptive conduct is known as fraud. Fraud typically involves getting property to which someone is not legally entitled, but it is different from criminal offenses categorized as theft in two ...

What is fraud in law?

Fraud. A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury. Fraud is commonly understood as dishonesty calculated ...

What is the difference between fraud and theft?

Fraud requires an additional element of False Pretenses created to induce a victim to turn over property, services, or money. Theft, by contrast, requires only the unauthorized taking of another's property with the intent to permanently deprive the other of the property.

How much is a fine for fraud on Hawaii state taxes?

In Hawaii, for example, fraud on a state tax return is a felony warranting a fine of up to $100,000 or three years of imprisonment, or both, and a fraudulent corporate tax return is punished with a fine of $500,000 (Haw. Rev. Stat. § 231-36).

What are the most common federal fraud charges?

Interstate fraud and fraud on the federal government are singled out for federal prosecution. The most common federal fraud charges are for mail and wire fraud.

How to determine if a statement is fraudulent?

A misleading statement is more likely to be fraudulent when one party has superior knowledge in a transaction , and knows that the other is relying on that knowledge, than when the two parties possess equal knowledge. For example, if the seller of a car with a bad engine tells the buyer the car is in excellent running condition, a court is more likely to find fraud if the seller is an auto mechanic as opposed to a sales trainee. Misleading statements are most likely to be fraudulent where one party exploits a position of trust and confidence, or a fiduciary relationship. Fiduciary relationships include those between attorneys and clients, physicians and patients, stockbrokers and clients, and the officers and partners of a corporation and its stockholders.

How many elements are there in a fraud case?

Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact, (2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.

What is the penalty for tax fraud?

Depending on the defendant's intent, tax fraud results in either civil penalties or criminal punishment. Civil penalties can reach an amount equal to 75 percent of the underpayment. Criminal punishment includes fines and imprisonment. The degree of intent necessary to maintain criminal charges for tax fraud is determined on a case-by-case basis by the Internal Revenue Service and federal prosecutors.

How to get a fraud conviction?

In order to obtain a fraud conviction, the prosecution must prove the defendant intended to deceive another individual or entity. Sometimes, it is difficult to prove intent. For example, an individual may accidentally use their friend’s insurance card, which is not fraud.

What to do if you believe you are a victim of fraud?

If an individual believes they are a victim of criminal fraud, they should contact their local law enforcement and report the fraud. If sufficient evidence exists, the case will be forwarded to the local prosecutor or District Attorney’s office for prosecution of the individual who committed the fraud.

What factors are considered when determining sentencing for a criminal fraud conviction?

A court will take several factors under advisement when determining sentencing for a criminal fraud conviction, including: The severity of the fraud; Whether the defendant has any prior convictions; If the defendant is currently on probation or parole; The amount of money or property that was stolen; and.

What is the difference between a civil and criminal case?

The difference between a civil and criminal fraud case is that in a civil case, the individual must show actual damages and in a criminal case the prosecution only needs to show that the defendant attempted fraud.

What are the consequences of a criminal fraud conviction?

The penalties for a criminal fraud conviction will vary depending on: The jurisdiction; The severity of the fraud; The person or entity that was a victim of the fraud; and. The amount of money or property lost as a result of the fraud.

Why is it important to keep records of fraud?

It is important to keep records of any and all losses that resulted from the fraud. This may be especially important where restitution is a possible penalty. It is also important to consult with an attorney to determine if an individual will be able to pursue a civil fraud case as well as the criminal fraud case.

What does it mean when someone lies about a fact?

Put simply, if an individual knowing lies about an important or key fact in a transaction or relationship and the other party relies on that misrepresentation of fact and suffers harm, fraud has occurred. It does not occur when an individual provides a fact they believe to be true, even if they are mistaken.