Commercial Fraud Claims in South Florida
The term fraud is a general constitution of any type of deception or misrepresentation that is done deliberately and with the intention of profiting in some way. Commercial Fraud Claims in South Florida occur within a variety of corporate settings and a more descriptive definition would be deceptive conduct or transgression of law that is conducted by a business executive in order to obtain financial benefits.
What is Considered Commercial Fraud?
There are a number of activities that can be considered commercial fraud and provide grounds for a commercial fraud claim in South Florida including:
- Misuse of company assets – Misuse of company funds or assets is commonly thought of in regards to monetary funds, a company credit card, etc. but can include the usage of transportation, utilization of facilities, conducting personal business under the guise of the company’s brand, or using networks and servers for personal business.
- Insider trading – Insider trading is commonly thought of as an illegal practice, but in reality, the term encompasses both legal and illegal behaviors.
Insider trading is when businessmen employees, etc. who are privy to certain information, sell stock within their own companies. These trades are monitored and regulation by the Security Exchange Commission (SEC). These trades are considered illegal behavior when buying or selling a security involving a breach of trust and confidence in some form while in possession of nonpublic information about the security.
Insider trading can also include the practice of “tipping”. Tipping is when an individual who is in possession of the specific knowledge about a security passes insider information to another party. In these instances, both the trader and the individual passing off the information are in violation.
- Deception of the government, investors, or the public about a company’s financial performance – Examples of this behavior would be a company understating or overstating their performance. Performances can be understated to mislead authorities and lessen a company’s tax burden. To the contrary, performance can be overstated to stimulate interest in a business or stock to improve performance or dispel negative opinion.
The potential impact of fraud is relatively far-reaching and creates a distrustful opinion of a company. This can ruin the reputation of a business, and even individuals associated with the business, but not in the act of any of the improper conduct.
How to Identify Commercial Fraud
Commercial fraud claims in South Florida generally originate either from investigation from government agencies or from company employees who identify or allege that activities that have taken place may constitute commercial fraud. Governmental financial regulatory agencies have to bear the responsibility of identifying and investigating commercial fraud claims as well as any additional allegations of deceitful conduct.
Through this responsibility, these agencies have developed laws and stipulations known as the “whistleblower” statutes, in order to promote employees to report any questionable practices or potential fraudulent conduct, receiving immunity and insulation from any retaliation in return. This promotes a more translucent and protective environment for employees, who are beholden to the everyday activities regarding the conduct of their business.
Those that are found guilty of commercial fraud can face severe penalties including fines, and jail time. Companies that receive a judgment may even be forced to end any and all business operations whatsoever.
Commercial Fraud Claims in South Florida Attorney
Any allegation or notion of commercial fraud is a serious circumstance that shouldn’t be taken lightly regardless of the validity of the alleged actions. Florida law regarding commercial fraud claims treats allegations very seriously. If you are an individual, or a business that has experienced, or been accused of fraudulent behaviors it is imperative that you speak with a South Florida Commercial Fraud Claims attorney as soon as possible to find out exactly what legal channels would be available for your assistance.
Florida law regarding fraud is encompassing both as a civil, and criminal offense, and can result in a variety of litigation strategies. The varied circumstances under which commercial fraud claims in South Florida can arise, and additionally the convoluted situations that are created even when in regards to mundane contextual business fraud litigation, the intervention and consult from an experienced legal professional with knowledge in commercial fraud claims as well as the Florida court system is vital to a positive outcome of a case.
If you are an individual or a representative of a commercial entity that has experienced actions that you perceive as fraudulent, you likely have a solid basis for a commercial fraud claim in South Florida court.
Depending on the specific nuances of your case, the legal system may provide a recourse if you have suffered physical losses or negative damages derivative of commercial fraud. The Law Offices of Paul A. Humbert, P.L. have recovered millions of dollars while defending our client’s rights in cases of this nature. With an extensive amount of courtroom, litigation, and arbitration experience as well as proficiency in commercial claims fraud and securities law, our attorneys provide our clients with the personalized and expert legal services that they deserve in defense of their legal rights.
We represent clients throughout Florida, and all across the country, even foreign individuals and businesses encountering issues while conducting business in the United States. Contact our offices today to speak with one of our legal professionals about how we may be able to assist you in handling a commercial fraud claim in South Florida. Time is very rarely on your side, so it is imperative that you receive the consult of an expert South Florida attorney as soon as possible.