About Fraud and Legal Action to Combat It
Most nonlawyers are familiar with the concept of fraud, particularly in the business world. The essence of fraud is some communication that is a lie, especially fraud that causes loss to someone. However, fraud can be difficult to prove at trial. This is true in part because:
- It requires establishing more elements than most torts or causes for litigation.
- It requires the highest civil standard of proof.
The lie that amounts to fraud must be material, not trivial. The lie must:
- Be told with the intent to deceive
- Succeed in deception
- Concern a past concrete fact capable of proof, not just an opinion or a promise of future action
- Cause measurable damages.
Fraud claims are raised frequently in residential and commercial real estate transactions. At Charnoff Simpson PLLC, our fraud litigation team stands ready to protect your interests as a plaintiff or defendant in any such legal action.
About Constructive Fraud
Constructive fraud, a specific type of fraud, requires all the elements of actual fraud except the intent to deceive. Recklessly or carelessly affirming an assertion without bothering to check on its validity is a classic circumstance for creating a cause of action for constructive fraud.
We are highly experienced in handling these claims, including the application of specific methods of demonstrating damages in certain contexts as the law requires.
Prepare to Bring or Defend Against a Fraud Claim
Our fraud litigation team is ready to represent your side of a dispute when you are grappling with the impact of fraud or have been accused of fraud. The lawyers at Charnoff Simpson PLLC have more than 60 combined years of experience in civil litigation on a wide range of issues.