Committing Fraud

The act of fraud involves misleading people or misrepresenting facts to work to your own advantage. Fraud isn't quite the same as lying; you can lie about your age and not commit fraud, but you can lie about the quality of a product that you are selling and commit fraud.

In the United States, the most common types of fraud are related to property. This considers real estate and personal property, as well as more nebulous items like stocks, bonds, and other financial property. Committing fraud typically relates to material items, and even though financial property may seem more intangible, it is a commonly fraudulent item.

When a person commits fraud, they must know that what they are saying is indeed untrue. This false statement typically leads someone into agreeing to a contract or taking a specific course of action. Lastly, fraud deprives a person of a legal right—such as the right to a safe, defect-free product.

Elements of Fraud

Although prosecutors may not always decide to take fraud to court, victims may still choose to take their case to a civil court. In a fraud court case, several elements of fraud must be proved, such as:

• Falsely stated material fact
• Awareness on behalf of the defendant that the statement was untrue
• Intent to deceive
• Victim reasonably believed the falsity
• Personal injury to the victim

Remember, opinion does not count as fraud, even though it may seem untrue. Also, the defendant must be completely aware that his or her statements are false, and silence can count as fraud as well.

Contact Us

Fraud can be a difficult crime to prove. If you or someone you know has been accused of fraud and thrown in jail, you should seek experienced legal counsel to help you with your case. For more information on committing fraud and other crimes that can land you in jail, contact Austin jail release lawyer Ian Inglis today at 512-472-1950.