A fraud case is an allegation of fraudulent behavior that can result in losses to a business or individuals. These cases are often complicated and rely on evidence in the form of documents, witness testimony, digital records, or physical items that prove the alleged fraudulent actions occurred. The burden of proof falls on the party bringing the case, which means they must prove beyond a reasonable doubt that the alleged behavior happened and that it was done by the alleged perpetrator.
Fraud is a criminal offense and can lead to fines, loss of reputation, or other legal consequences for the alleged perpetrator. It is a complex issue that requires a thorough investigation to uncover all the facts and ensure the right people are held accountable.
During a fraud case, you must consider both the law and the policies of your organization. For example, a company may have policies that prohibit financial and credit card fraud. Criminal fraud statutes include laws forbidding larceny, insurance fraud, and specific types of financial crimes like mortgage fraud or phishing scams.
A civil fraud case is a lawsuit brought by a victim to recover money or restore rights that were damaged by fraud. The standard of proof is lower for civil cases, which are decided by a jury based on a preponderance of the evidence. A common type of civil fraud is a false promise. But a claim for damages based on a false promise can only be made when it is alleged that the perpetrator knew the statement was untrue and knew the promisee would rely on it.