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Defining fraud in a criminal case

On Behalf of | Aug 31, 2020 | Criminal Defense |

The word “fraud” carries with it a very grave connotation. It may also seem to be readily apparent, so much so that when you nears the one in Boulder stands accused of it, you may wholeheartedly believe that your own conduct would never come under such scrutiny.

Such was the assumption that many held before coming to us here at The Law Office of Care Enichen, LLC facing fraud charges. This is due to the fact that the definition of fraud can be quite liberal. At the same time, however, this also may lend support to your refuting such accusations.

Coming up with a definition for fraud

Per the U.S. Department of Justice, fraud “is defined by nontechnical standards”, and thus cannot by defined “by any common-law definition of false pretenses.” What this essentially means is that their is no universal standard for defining fraud. This may seem troublesome, implying that any person with whom you conduct business could accuse you of fraud whenever a transaction that you initiated did not result in the benefit they anticipated (while you received compensation or remuneration for role in setting it up). Fortunately for you, an element of intent must exist in order for such an accusation to appear valid.

Establishing fraudulent intent

It is in establishing such intent were things get tricky. The law requires that you know prior to commencing business of the intent to deprive your business partner of their property (thus excluding any cases where results were not favorable yet you operated in good faith). However, the DOJ states that a financial loss not not occur in order to prove fraud; rather, it only need show that you indeed appeared to have a fraudulent intent to your actions).

You can learn more about answering accusations of fraud by continuing to explore our site.

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