Fraud is defined as the intentional use of deceit, a trick, or some dishonest means to deprive another of his/her/its money, property or a legal right.
A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. Quite often there are several persons involved in a scheme to commit fraud and each and all may be liable for the total damages.
Inherent in fraud is an unjust advantage over another which injures that person or entity. It includes failing to point out a known mistake in a contract or other writing (such as a deed), or not revealing a fact that he/she has a duty to communicate, such as a survey which shows there are only 10 acres of land being purchased and not 20 as originally understood.
Constructive fraud can be proved by a showing of breach of legal duty (like using the trust funds held for another in an investment in one's own business) without direct proof of fraud or fraudulent intent.
Extrinsic fraud occurs when deceit is employed to keep someone from exercising a right, such as a fair trial, by hiding evidence or misleading the opposing party in a lawsuit.
There are many classifications and types of Fraud cases:
Consequences for the conviction of fraud may potentially include:
Likelihood of any of the above consequences depends upon the following factors:
Defenses to fraud may potentially include:
With Offices in Cedar City and St. George, Utah, our dedicated, local, criminal defense law firm has decades of experience defending fraud charges throughout southern Utah. Call (435) 628-4411 or contact us online today for a free consultation.
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