Civil Claim For Fraud
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FAQ
There must be a statement (written or oral) or conduct amounting to a representation which is false. A statement would obviously involve something being said or written, whereas conduct consisting of wearing a uniform or dress of some kind would be included. Mere silence would not be considered a false representation.
The punishment of fraud is imprisonment or a fine. A person convicted of fraud could face anywhere from 1 month to up to 3 years' imprisonment. If the fraud is a more serious one, for example if committed against a government entity, the prison sentence could be up to 6 years.
In civil litigation, allegations of fraud might be based on a misrepresentation of fact that was either intentional or negligent. For a statement to be an intentional misrepresentation, the person who made it must either have known the statement was false or been reckless as to its truth.
Although fraud is a criminal offence, an accused can also be tried in a civil court instead of a criminal court. What is the process of convicting a fraudster in a criminal court? Prosecutors must prove the fraud to be more than any potential doubts, in a criminal case.
(a)dishonestly makes a false representation, and. (b)intends, by making the representation? (i)to make a gain for himself or another, or. (ii)to cause loss to another or to expose another to a risk of loss.