FRAUD INVESTIGATIONS

Nov 21, 2014
goofidity

Fraud investigations be it insurance, corporate or domestic can be financially devastating to anyone’s business or private finances. If gone unchecked, can and will continue to erode the very integrity of what you have developed.

Our Firm has recovered millions of dollars in fraud related cases, disclosed many cheating partners and performed background/pre-employment investigations over the years which resulted in many satisfied clients abroad.

According to the Collins English Dictionary 10th Edition fraud can be defined as: “Deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage”. In short, Fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. Fraud is a crime which can open avenues for serious civil litigation.

Types of Fraudulent Acts:

  • Bait and switch
  • Bankruptcy
  • Charlatanism (Swindler or confidence trick; advantages via some form of pretence or deception)
  • Embezzlement (taking money in which one has been entrusted)
  • False billing
  • False insurance claims
  • Forgery
  • Identity theft
  • Securities fraud (Such as pump and dump)

To mention a few……..

Elements of Fraud:

Common Law Fraud has nine elements:

  1. A representation of an existing fact
  2. its materiality
  3. its falsity
  4. the speakers knowledge of its falsity
  5. the speaker’s intent it shall be acted upon by the plaintiff
  6. plaintiff’s ignorance of its falsity
  7. plaintiff’s reliance of the truth of the representation
  8. plaintiff’s right to rely upon it
  9. consequent damages suffered by plaintiff

Most jurisdictions in the United States require that each element be pled with particularity and be proved with clear, cogent and convincing evidence (very probable evidence) to establish a claim of fraud. The measure of damage in fraud cases is to be computed by the “benefit of bargain rule” which is the difference between the value of the property had it been represented, and its actual value. Specific damages may be allowed if shown proximately caused by defendant’s fraud and the damage amounts are proved with specificity.