The definition of fraud is, “An intentional deception made for personal gain or to damage another individual.” It is a false representation by either words or conduct. It is made by an omission to state material facts, which non-disclosure makes other statements misleading. Fraud is dishonest and fraud is a crime.
Fraud is most common in real estate (buying and selling of property), intangible property, such as stocks and bonds, and finally personal property.
Palm Desert Fraud Lawyers of Coachella Valley
Proving fraud
In order to prove fraud was committed, the prosecutor must show that the defendant’s actions involved a false statement and he or she knew it was untrue. In addition, the prosecutor must show the defendant’s intent to deceive the alleged victim and justifiable reliance by the alleged victim on the statement. Finally, the prosecutor must prove injury to the alleged victim as a result. These are not always easy to prove.
California Civil Code
- According to California Civil Code Section 1572, “Actual fraud consists of any of the following acts, committed by or with the connivance of a party to a contract with intent to deceive another party to the contract, or to induce the other party to enter into the contract.”
- “The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
- the positive assertion, in any manner not warranted by the information of the person making it, of that which is not true, though the person making the assertion believes it to be true;
- the suppression of that which is true, by one having knowledge or belief of the fact;
- a promise made without any intention of performing it; and
- any other act fitted to deceive.”
If you have been accused of committing fraud and are facing the possibility of being investigated or arrested, you will need an experienced Palm Springs Fraud Attorney to build your defense. Call The Law Office of Dale Gribow today for the expertise and knowledge you need at this time.