Keegan Law for a Strong Fraud Defense in Boston, MA
Fraud is a crime that falls under the white collar crimes banner. It is defined as the intentional deceiving of another individual or company for the purpose of financial gain. There are nine basic elements that make up fraud, as it relates to charges in the United States. First of all, the object that was defrauded must actually exist. This is defined as the “representation of an existing fact.” This fact must be tangible, which is the second element of “its materiality.” Thirdly, this material existing fact must be proven false and there must be proven knowledge of its falsity. There must be clearly proven intent on behalf of the defendant while complete ignorance on behalf of the plaintiff. Finally, if it can be proven that the plaintiff suffered damages as a result of these alleged actions, then the defendant will likely be declared guilty of fraud.
Common Types of Fraud
There are many different types of fraud, but according to the Federal Bureau of Investigation, there are some that are more common than others. One of those is telemarketing fraud, which is a type of fraud that takes place over the telephone. Those guilty of telemarketing fraud are those who participate in the attempting to collect personal information over the phone for the purpose of financial gain. Another common type of fraud is identity theft. There are a number of ways that an individual can steal someone else’s identity. A stolen credit card or social security number can allow anyone access to a wealth of personal information. With stolen information, an individual can obtain access to bank and savings accounts, among other things.
Ponzi schemes are another type of fraud. This occurs when a company offers a high financial return to their investors that they are not able to deliver on. The returns that these businesses offer to their investors comes from the investors own money, rather than off of profits the company is actually making. Fraud is combated by the U.S. Securities and Exchange Commission (SEC). Fraud is an extremely serious crime. These crimes can be heavily in the public eye, seeing as how people like Bernard Madoff have been convicted of these crimes.
In order to be convicted of fraud, there needs to be surmounting evidence. Extensive data analysis as well as forensic analysis must be conducted. Investigators will look for irregular transactions, financial statement irregularities and purchasing records. There must be clear-cut evidence in order to be convicted of this crime. Our firm has a strong defense against these types of charges, and can defend you if you are facing them. Talk to us today for an evaluation of your case!