If you’re accused of fraud, it means you have delivered a false representation by conduct or words. Any misleading or blatantly false accusations or concealment of facts that should’ve been disclosed can also be considered fraud. Fraud happens every day, and sometimes it occurs unintentionally. However, when fraud is committed with the intent to deceive someone, it is fraud.
What is Fraud?
Fraud is considered a white collar crime. To be considered a criminal, a fraudulent act must relate to a material fact, and a defendant must have known it was false. A material fact is essential to a fraud charge. Examples of material facts include descriptions of property or items, or a certain guarantee about items or property.
Fraud is defined as deliberate deception committed to secure improper benefit or gain. Fraud can result in criminal charges and civil lawsuits. Criminal fraud can be punishable by substantial fines and time in prison. In most cases, a person accused of fraud receives valuables or money from an individual or group, but fraud can also relate to receiving benefits with stolen money or valuables.
Types of Fraud
There are many different types of fraud that are considered criminal cases. Most states work under federal guidelines when determining whether to prosecute fraud cases. In general, fraud cases are divided into the following categories:
Fraudulent Auto ID cards
Mortgage and Title
Credit card fraud
Even if the details of a case don’t meet the criteria under a certain unit, they can still be tried as fraud cases. In many states, a fraud case that doesn’t fit under a certain category is usually tried under general fraud.
Elements of Fraud
Fraud can be tried in many different ways. For instance, a defendant can be charged with theft by false pretense or something more specific such as forgery, fraud, or insurance fraud. While the many ways a person can be tried for fraud vary, the elements required for a prosecutor to try a fraud case nearly always remain the same. Elements of fraud must include an intent to deceive someone via false representation or the plan to persuade the fraud victim to release property.
Examples of Fraud
Fraud can happen in any industry but is especially prevalent in real estate and intangible property. In these sectors, fraud can occur if the person selling something is not legally allowed to sell it. Additionally, if the seller does not disclose any defects or problems with the property, they can be accused of misrepresenting it to the buyer, which is fraud. While these are the most common types of fraud cases, it is important to realize fraud can happen anywhere to anyone. With that in mind, it’s important to speak with an attorney as soon as prosecutors are evaluating you regarding fraud charges.
Penalties associated with fraud charges vary depending on the seriousness of the case and include both misdemeanors and felonies. The most common penalties related to this white collar crime include:
If you have been or will be accused of fraud, it is important to talk to a criminal lawyer as soon as possible. Even if you think a fraud charge is just a slim possibility, you should talk to an attorney as soon as possible. No matter what phase of the process you are in, an attorney can guide you in making important decisions that will impact your future. To defend against charges of fraud, you will need testimony and documents that prove you did not intentionally deceived anyone. An attorney can help secure witnesses, cross-examine witnesses, and help provide you with a viable defense.
Fraud Defense Attorney
If you have been accused of criminal fraud in New York or New Jersey, you should contact Mark Yampaglia. Mr. Yampaglia can work to help you fight accusations of criminal fraud. It’s important to know it is never too early or late to speak with Mr. Yampaglia in regards to your fraud case. In fact, even if police have asked to talk to you in regards to an investigation, you should contact Yampaglia Law.