May. 19 Blog – Fraud Law Cases
Broadly defined, fraud is a deliberate misrepresentation which causes another person to suffer damages, usually monetary losses. Most people consider the act of lying to be fraudulent, but in a legal sense lying is only one small element of actual fraud. A salesman may lie about his name, eye color, place of birth and family, but as long as he remains truthful about the product he sells, he will not be found guilty of fraud. There must be a deliberate misrepresentation of the product’s condition and actual monetary damages must occur.
Many fraud cases involve complicated financial transactions conducted by “white collar criminals,” business professionals with specialized knowledge and criminal intent. An unscrupulous investment broker may present clients with an opportunity to purchase shares in precious metal repositories, for example. His status as a professional investor gives him credibility, which can lead to a justified believability among potential clients. Those who believe the opportunity to be legitimate contribute substantial amounts of cash and receive authentic-looking bonds in return. If the investment broker knew that no such repositories existed and still received payments for worthless bonds, then victims may sue him for fraud.
Fraud is not easily proven in a court of law. Laws concerning fraud may vary from state to state, but in general several different conditions must be met. Some employees of a large company may sell a product or offer a service without personal knowledge of a deception. In order to prove fraud, the accuser must demonstrate that the accused had prior knowledge and voluntarily misrepresented the facts.
Mueller Hillin specializes in Fraud Law in Philadelphia, Atlanta, Houston and Austin.
Apr. 04 – Fraud Law and You
Fraud is defined as an intentional perversion of truth, or an intentionally false representation of a matter of fact that causes someone to be divested of something valuable to him or her or to give up a legal right without fully understanding the circumstances due to the deception of the defrauder.
In addition to the criminal or legal definition of fraud, there are also several regulatory laws that include precise rules one must follow in order to avoid committing fraud. If one does not follow these rules exactly, one runs the risk of being charged with and convicted of fraud. Federal securities law covers a wide range of possible types of fraud. Fraud isn’t limited to the sale of bunk securities. Securities fraud also involves selling legitimate securities for illegal reasons or purposes. Such laws make “insider trading” a violation of the law. Insider trading is the purchasing or selling of securities of a firm while in possession of material information that has not been generally disclosed in the marketplace.
To show that a fraudulent act has been committed, the deception in question must be connected to “existing fact” and not a case of broken or unfulfilled promises, unless you can show that the person accused of fraud made a promise to do something they knowingly never intended to carry out. Making a promise to do something in the future or simply offering one’s personal or professional opinion does not satisfy the legal requirements for a claim of fraud unless one can show that the opinion in question expressed access to privileged or otherwise extraordinary information that would not be available to a similar party.
There are a great number of federal and state laws that are intended to cover fraud in a several areas. Some of the most common include consumer fraud, corporate fraud, and insurance fraud. Mueller Hillin specializes in Fraud Law in Philadelphia, Atlanta, Houston and Austin.
Mar. 22 Blog – Some Facts about Fraud Law
By and large, the legal definition of fraud is some sort of intentional distortion of a concrete fact that a person makes to someone else while being aware of the fact that the first person is intentionally engaging in a deception that is meant to cause the other person to take action that will result damage or loss that directly benefits the person who is committing the fraud. Fraud can also denote a willful neglect to declare significant information which would materially affect an person’s ability to properly comprehend the statements in question.
For a dissimulation to be considered a fraudulent act, it has to have something to do with “existing fact” and not simply a promise for future action that was not kept, unless one can prove that the person accused of fraud made such a promise without ever intending to make good on the promise. An assurance to carry out future action or simply stating one’s personal or professional opinion doesn’t hold up as a sufficient legal basis for a claim of fraud unless it can be shown that the party stating that opinion has a special knowledge of certain details that are not commonly known by others of a similar standing. A fabrication or omission of information must be shown to be “material,” meaning that the false pretext had a noticeable effect on the claimant’s decision making process.
There are many laws, both state and federal, that are designed to cover fraud in a number of areas. Some of the most common areas of practice include consumer fraud, corporate fraud, and insurance fraud. Mueller Hillin specializes in Fraud Law in Philadelphia, Atlanta, Houston and Austin.
Feb. 07 Blog The Basics
In the broadest sense, fraud is legally defined as any type of deliberate subterfuge regarding a significant fact that one individual makes to another while cognizant of the fact that one is trying to make the other person do something that will make them suffer loss or damage that directly work to the advantage of the person who is committing the act of fraud. Fraud can also mean the intentional exclusion of material facts which would impact someone’s ability to effectively understand the stakes of the situation at hand.
To show that a fraudulent act has been committed, the deception in question must be connected to “existing fact” and not a case of broken or unfulfilled promises, unless you can show that the person accused of fraud made a promise to do something they knowingly never intended to carry out. Making a promise to do something in the future or simply offering one’s personal or professional opinion does not satisfy the legal requirements for a claim of fraud unless one can show that the opinion in question expressed access to privileged or otherwise extraordinary information that would not be available to a similar party. To be considered fraudulent, an act of omission or misrepresentation must be “material,” which is to say that the deception noticeably altered the plaintiff’s ability to make a properly informed decision.
There are a great number of federal and state laws that are intended to cover fraud in a several areas. Some of the most common include consumer fraud, corporate fraud, and insurance fraud. Mueller Hillin specializes in Fraud Law in Philadelphia, Atlanta, Houston and Austin.
Jan. 15 Blog Mueller Hillin
Generally speaking, the legal definition of fraud is any sort of intentional misrepresentation of a material fact that a person makes to another while being aware of the fact that one is intentionally engaging in subterfuge that is meant to induce the other person to take action that will result loss or damage that directly benefits the person who is perpetrating the act of fraud. Fraud can also designate willfully neglecting to state important data which would concretely affect an individual’s ability to properly comprehend the statements in question.
To be considered a fraudulent act, the dissimulation in question has to have something to do with “existing fact” and not simply unkept promises for the future, unless one can prove that the person accused of fraud promised to do something without ever intending to living up to the promise. A commitment to carry out future action or merely stating one’s personal or professional opinion does not hold up as an adequate legal basis for a claim of fraud unless it can be shown that the party stating that opinion possesses a special knowledge of existing details that are not commonly known amongst like-minded people. A falsehood or omission of information has to be “material,” meaning that the false pretext had a noticeable effect on the claimant’s decision making process.
There are many laws, both state and federal, that are designed to cover fraud in a number of areas. Some of the most common areas of practice include consumer fraud, corporate fraud, and insurance fraud. Mueller Hillin specializes in Fraud Law in Philadelphia, Atlanta, Houston and Austin.
Dec. 09 Blog Fraud Law
In its most general meaning, fraud refers to a willful act of deception for personal benefit or to cause some sort of harm to another individual. The specificities of the legal definition of fraud is subject to jurisdictional particularities. Fraud is considered a crime as well as a violation of civil law. Although many hoaxes are judged to be fraudulent, hoaxes that are not intended to result in personal gain at the expense of another are not, strictly speaking, frauds. Utilizing deception to defraud someone of money is often thought to be the most common form of fraud. Additional types of fraud include fraudulent “discoveries” in fields as divergent as archaeology, science, and art.
It is possible to commit fraud through a variety of means, including mail, wire, phone, and the internet (computer crime and internet fraud). The difficulty of checking identity and legitimacy online, and the ease with which hackers can divert browsers to dishonest sites and steal credit card details, the international dimensions of the web and ease with which users can hide their location, all contribute to making internet fraud the fastest growing area of fraud.
Acts that may be considered criminal fraud include: identity theft, false advertising, embezzlement, bait and switch, false insurance claims, psychic and occult charlatanism, confidence scams (e.g., “Spanish Prisoner,†and Nigerian “419†fraud), forgery, false billing, committing fraud to receive government benefits, investment fraud (e.g., Ponzi scheme), securities fraud (e.g., “pump and dumpâ€), tax fraud, and fraudulent marriage for immigration purposes.
Mueller Hillin specializes in Fraud cases in Philadelphia, Atlanta, Houston and Austin.
Dec. 09 blog 2–Fraud Law
In its most general sense, fraud is defined by the law as an intentional falsification of a concrete existing fact that one person makes to another while aware of the fact that one is both deliberately misrepresenting the truth and intended to encourage the other person to act so that they suffer loss or damage that directly benefits the individual committing the act of fraud. Fraud may also be at work in a deliberate omission or failure to state important information which would substantively affect the ability of an individual to adequately understand the statements that have been disclosed.
This sort of omission or misrepresentation must concern “existing fact†and not unfulfilled promises of future action, unless it can be proven that the individual in question made the promise without any intention to fully perform it or with the outright intention not to carry through on it. A promise of future action or a simple articulation of personal or professional opinion cannot be considered an adequate basis a fraud claim except in the case in which the individual expressing that opinion has a special or enhanced understanding of existing facts which are out of the ordinary for that sort of opinion. A false statement or elision must be determined to be material, which is to say that the resulting deception had considerable impact on the decision to be made. .
There are a number of laws, both state and federal, that are intended to regulate fraud in several areas. Some of the most heavily litigated fields include insurance fraud, corporate fraud, and consumer fraud. Mueller Hillin specializes in Oil and Gas Law in Philadelphia, Atlanta, Houston and Austin.
