To be termed as criminal fraud, they must have committed a crime that involves scheming, cheating, or deceiving another person or entity to gain financial profits or a particular gain. The kind of crime is also referred to as white-collar crime. As per the criminal fraud law guidelines, any act of criminal fraud involves any actions committed to deceive another person through strategic and false representation and can lead to a legal detriment for the involved parties.
In simple terms, when any party knowingly lies about important facts during a transaction or in a relationship and the counterparties use the information and suffer any form of harm, then fraud has already occurred. There are different types of fraud, including; identity theft, bankruptcy fraud, mail fraud, gambling fraud, romance scam fraud, insurance fraud, check fraud, pharmacy fraud, charity fraud, forgery, perjury, wire fraud, pigeon drop scams, securities fraud, credit/debit card fraud and welfare fraud.
Components of criminal fraud
- Individual concealing or lying about materialistic truth
- A party that relies on falsified information
- Parties that suffer from relying on the misguided information
For a person to have criminal fraud conviction, the prosecution team has to prove;
- Misrepresentation of presented material facts
- Individuals who were aware of the existence of false material facts
- Intentions of fraud
- People or entity that justifiably that relied on the misrepresented facts
- People or an entity that suffered actual loss from relying on the false materialistic facts
Difference between civil and criminal fraud
Both criminal fraud and civil fraud have similar basic elements; however, when a person or entity is convicted of criminal fraud, they can be fined or jailed. Compared to civil fraud, criminal law standards of proof are higher beyond any doubt. For any defendant to have any convictions, they must meet all the criminal fraud elements and must be proven beyond a reasonable doubt.
Depending on any level of criminal fraud committed and the case is successful or fails being convicted of the same crime, it is enough to be charged as a felony or misdemeanor crime.
Individuals or entities that are victims of any fraud must have proof of damages resulting from fraud cases. The major difference between the two types of criminal cases is that actual damages must be presented and detailed in a civil case. In a criminal fraud case, the prosecution team only requires proof that the defendant has attempted fraud.
Criminal fraud charges in association with lawyers
If a person or entity is faced with criminal fraud charges consulting with criminal lawyer experts is advised. Without depending on the type or level of the fraud conviction that could be a misdemeanor or felony case, the results can attract long-term consequences. A well-acquainted criminal lawyer can help research the available defense mechanisms and do the required court proceeding representation.
If an individual is a victim of any fraud cases, it is crucial to make relevant attorney consultations. Fraud lawyers Sydney help gather any supportive and relevant evidence, critical review, determination of the viability of the civil case, and due representation of the preceding court proceedings.
Are you a victim of criminal fraud?
If one strongly believes quality to be victims of criminal fraud, they should immediately keep active contact with the local law enforcement teams and report the criminal fraud case. Sufficient evidence that supports the case needs to be seen so that the case can be forwarded to the relevant authorities like the local prosecutor for further investigations and reporting the person involved with the fraud case.
Keeping records of losses and supportive evidence from the fraud is important if restitution is seen as a possible penalty. Consulting with a criminal fraud lawyer helps determine if the case is viable in a court of law or not.
Are you accused of criminal fraud?
When one is convicted of criminal fraud, it may attract serious consequences, and the associated penalties vary due to;
- The severity of the committed fraud
- The individual or entity that suffered the fraud
- The jurisdiction
- Amount of financial loss that results from the fraud
Criminal convictions from fraud cases attract penalties like;
- Restitution
- Probation period or parole
- Different amount of fines
In conclusion, when a person is accused of criminal fraud or is a victim, it is important to consult a competent and expert criminal lawyer like fraud lawyers to help gather enough evidence to help in the defense and possibly win the case and represent a person in the court proceedings.
