Those in Texas who are accused of committing white collar crimes may think that it is not as serious an offense as others. Because it doesn’t involve a violent act, it may seem as though the punishments should be less serious, but that is not necessarily the case. Those convicted of fraud or other related crimes can face long jail sentences and hefty fines. Knowing exactly what fraud entails might be helpful for those who are accused of this crime in order to understand just what the possible ramifications might be.
Fraud occurs when one person intentionally deceives another person, business or other entity in order to profit, whether that is financially or otherwise. Though the exact legal definitions can vary in different states across the nation, it typically involves the perpetrators misrepresenting themselves, being deceitful or making a false statement. There are several types of fraud, including wire fraud, tax fraud, identity theft and others.
For a fraud claim to be proved, it requires four factors to be true, and each piece must be separately proved. They are:
a fact that has been misrepresented
the perpetrator’s knowledge that the fact is untrue
the claim is made to someone who relies on the misrepresentation
evidence of injury or loss as a result
If any of these factors are not present, it is possible that the charges of fraud will not be able to be proved.
Those who have been accused of fraud here in Texas may have other questions pertaining to their particular situation. It may be helpful for them to remember that they are presumed innocent unless and until proved guilty in the eyes of the law. A thorough understanding of one’s legal situation may be helpful in creating the best defense possible.
Source: FindLaw, “Fraud“, , Sept. 5, 2014