What is Fraud?
Fraud represents intentional, deceptive actions explicitly designed to benefit a perpetrator with an unlawful gain. However, it may also reflect measures intended to deny rights and benefits to the victim as well.
Fraudulent action may take place in the financial, real estate, investment, or insurance industries. These actions may be carried out by a single individual, multiple individuals, as well as entire business firms.
In most cases, fraud involves misrepresented facts. This can include intentionally withheld information, in addition to the provision of false statements to another party. Nonetheless, this often remains with the purpose of gaining something that would not attain without deceptive practices.
Although fraud in and of itself acts as an independent criminal charge, it may also appear in other charges depending on the means employed or the intent required to commit a crime. In a fraud claim in Miami-Dade, defendants may be charged for specific crimes as opposed to fraud itself in spite of the presence of fraud in a criminal action.
Different Types of Fraud
Fraud covers a diverse range of actions that can range from white-collar crime to criminal offenses like theft. Our team from the Law Offices of Paul A. Humbert, P.L., can break down explaining the basic types of fraud claims in Miami-Dade into three categories. These include:
Consumer fraud incorporates situations where individual consumers experience fraud. This may consist of crimes like identity theft, credit card fraud, telemarketing scams, and Ponzi schemes, as well as check or financial fraud.
The most common federal charges will arise for mail and wire fraud. This crime covers the utilization of mail, in addition to interstate wires like phones and the internet to facilitate fraudulent actions. Consumer fraud additionally involves securities fraud, as well. This takes place when investors buy or sell based on false information provided by another party.
Stockbrokers and financial advisors commonly enact securities fraud. However, it may also concern real estate contracts when a realtor or home seller discloses false information or fails to disclose information to a consumer purchasing property.
Employee fraud involves employees violating their fiduciary duties to a company or its customers. Many times, these cases concern embezzlement, selling trade secrets, as well as taking bribes.
Employee fraud can appear in a variety of packages and goes by several different names. Some refer to this fraud type as internal fraud, occupational fraud, or employee dishonesty. Nonetheless, when a situation includes things like check forgery, money theft, inventory theft, and even theft of services, this reflects clear cut actions that demonstrate grounds for a fraud claim in Miami-Dade.
Government and Institutional Fraud
To put it plainly, this is an attempt to defraud a government entity or a business. The most common representations of this form of fraud are insurance, healthcare, welfare, and bankruptcy fraud, as well as tax evasion and counterfeiting.
Legally Proving a Fraud Claim in Miami-Dade
The elements to prove a fraud claim varies in both state and federal law. In general, one party and their legal representation must demonstrate that misrepresentation occurred by another party that knew it was false to a victim reasonably relying on this information. The victim must also suffer a tangible loss or injury as a result of this reliance.
Similarly, the misrepresented information must be important while also substantially influencing a victim’s decision to act. This must represent a fact. Simply providing an opinion is not viable grounds for a fraud claim in Miami-Dade.
Information on a Fraud Claim in Miami-Dade from the Law Offices of Paul A. Humbert, P.L.
Because fraud covers and incorporates so many various legal actions that can carry different civil and criminal penalties, an attorney that remains well versed in business law and fraud claims is crucial for a positive outcome.
If you feel you experienced fraud in any one of the aforementioned situations, it is important to speak with an attorney who remains familiar with fraud in your jurisdiction. Similarly, if you receive accusations or information regarding pending legal actions that concern a fraud claim in Miami-Dade, an experienced attorney can help defend your legal rights.
Our firm, the Law Offices of Paul A. Humbert, P.L., works hard, wielding the necessary experience, as well as the knowledge regarding fraud claims to help guide our clients. With extensive experience litigating and negotiating in these matters, our firm remains the ideal solution to deal with a fraud claim in Miami-Dade. To learn more, contact our lawyers today!
- “Fraud – Legal Dictionary | Law.com.” https://dictionary.law.com/Default.aspx?selected=785. Accessed 19 Nov. 2019.
- “What is white-collar crime, and how is the FBI combating it ….” https://www.fbi.gov/about/faqs/what-is-white-collar-crime-and-how-is-the-fbi-combating-it. Accessed 19 Nov. 2019.
- “Theft Overview – Criminal Law – FindLaw.” https://criminal.findlaw.com/criminal-charges/theft-overview.html. Accessed 19 Nov. 2019.
- “What Is the Definition of Consumer Fraud? | Winston & Strawn ….” https://www.winston.com/en/legal-glossary/consumer-fraud.html. Accessed 19 Nov. 2019.
- “Employee fraud – FREE Legal Information | Legal Line.” https://www.legalline.ca/legal-answers/employee-fraud/. Accessed 19 Nov. 2019.
- “9-42.000 – Fraud Against the Government | JM | Department of ….” https://www.justice.gov/jm/jm-9-42000-fraud-against-the-government. Accessed 19 Nov. 2019.
- “Securities Fraud Definition – Investopedia.” 16 Sep. 2019, https://www.investopedia.com/terms/s/securities-fraud.asp. Accessed 19 Nov. 2019.
- “What Is Embezzlement? | Nolo.” https://www.nolo.com/legal-encyclopedia/what-is-embezzlement.html. Accessed 19 Nov. 2019.
- “How are Pain and Suffering Damages Calculated After a Car ….” https://www.bruninglegal.com/blog/how-are-intangible-losses-from-a-car-accident-calculated/. Accessed 19 Nov. 2019.