What Constitutes Fraud in Florida?
Fraud involves falsifying information, perverting the truth, or falsely representing factual matters. Fraud incorporates lying on a large scope. Under Florida law, an individual engages in fraudulent activity when they conceal information that should otherwise not remain concealed, purposefully lie, or undertake in a dishonest act to benefit themselves while harming another.
Individuals found guilty of fraud in the state of Florida face a variety of outcomes that range from restitution to extensive jail time. Although this is a crime that most equate with theft, a fraud claim in Miami imparts a significant distinction. Fraud covers a diverse range of actions that can include white-collar crimes, in addition to theft.
The primary difference is that theft involves taking something through force or stealth. However, fraud involves a purposeful misrepresentation of fact. The difference between civil and criminal fraud could depend on who pursues legal action in a case.
Fraud and Misrepresentation
Several different types of legal fraud or misrepresentation exist. These may depend on numerous various factors, including the circumstances regarding an agreement, in addition to jurisdictional law.
Fraudulent misrepresentation can occur through various forms of communication. It may involve writing, speech, body movements, and even silence. Some common types of fraud include:
- Making false statements
- Imparting “half-truths” or statements where some information remains true, and other aspects are false
- Omitting details to cultivate false belief
- Remaining silent on a subject or failing to disclose important information
In some cases, a party does not need to possess knowledge that a statement is false to constitute fraud. For example, information that a party should know is false due to their training or background can become factored into a final court decision on a lawsuit.
Common Elements of Fraud
To find a party liable for a fraud claim in Miami, legal representation must prove a variety of elements. They often include:
- Made representation of fact
- This representation was proven false
- Defendants in the case knew these representations were false
- The defendants made the representations for their own benefit or the plaintiff’s detriment
- A plaintiff relied on the misrepresentation and wouldn’t otherwise without it
- A plaintiff suffered tangible and measurable harm due to the fraudulent information or statements
Remedies for a Fraud Claim in Miami
To prove a viable fraud claim in Miami, plaintiffs must experience quantifiable damage as a result of the fraudulent action. A court will formulate its remedy based on the amount and type of harm or loss.
In most cases, this takes the form of monetary damages. The court may calculate these based on the amount of harm or loss that the plaintiff experienced. It remains important to note that the court could also hold multiple parties liable for a fraud claim in Miami.
If several individuals or parties engaged in fraud, as well as assisted in creating a false misrepresentation, a court may additionally name them in a fraud claim in Miami, resulting in their liability for remedies.
Assistance with a Fraud Claim in Miami from the Law Offices of Paul A. Humbert, P.L.
It is important that individuals and companies alike remain wary of fraud. Anyone can become the target of fraud, and victims of this legal action frequently experience a wide range of emotions.
Some despondent victims even feel reluctant to report crimes due to embarrassment or misplaced blame based on what occurred. In these situations, time is of the essence, and legal representation is essential to ensure the best possible outcome.
Attorneys remain well-versed in fraud laws. With fraud remaining covered by both criminal and civil law, this specialized area of the law necessitates expert intervention from an experienced attorney wielding knowledge in this specific area.
The goal of any fraud case is pursuing justice while simultaneously punishing any wrongdoers. Fraud covers such a broad scope of actions in criminal, as well as civil penalties; an attorney remains essential for the best representation of a victim’s best interests in court.
Our team from the Law Offices of Paul A. Humbert, P.L., takes pride in representing our clients in fraud cases. We work to perform on behalf of our clients in the pursuit of not only damages but justice for the suffering they endured, resulting in the fraud claim in Miami.
To learn more about how our lawyers can help you with a fraud scenario, contact our professional and dedicated firm today to schedule a consultation!
- “Fraud – Criminal Law – FindLaw.” https://criminal.findlaw.com/criminal-charges/fraud.html. Accessed 29 Oct. 2019.
- “817.034 – Statutes & Constitution :View Statutes : Online ….” http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0817/Sections/0817.034.html. Accessed 29 Oct. 2019.
- “White Collar Crime – Criminal Law – FindLaw.” https://criminal.findlaw.com/criminal-charges/white-collar-crime.html. Accessed 29 Oct. 2019.
- “What is Civil Fraud? – Liles Parker.” 29 Nov. 2012, https://www.lilesparker.com/2012/11/29/civil-fraud/. Accessed 29 Oct. 2019.
- “Criminal Fraud Law | Justia.” 25 Apr. 2018, https://www.justia.com/criminal/offenses/white-collar-crimes/fraud/. Accessed 29 Oct. 2019.