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Under Utah Code § 76-10-1801, any person who devises a scheme to defraud another or to obtain money, property, or anything of value from a person by means of false or fraudulent pretenses, representations, promises, or material omissions, and who communicates directly or indirectly with any person by any means for the ...
Proving that fraud has taken place requires the perpetrator to have committed specific acts. First, the perpetrator has to provide a false statement as a material fact. Second, the perpetrator had to have known that the statement was untrue. Third, the perpetrator had to have intended to deceive the victim.
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.
Criminal charges for issuing a bad check can be found under Utah Code § 76-5-505. Under the law, anyone who issues a check knowing that there is no money to back it up and the person drawing on the check will not be paid may be criminally charged.
Fraud Exists In Many Forms In California For example, fraud involves causing a harm or loss to a person or an institution. The harm is usually financial. But fraud needn't involve money to be criminal in nature; one can defraud another into doing something, which can be illegal as well.
Title 76 Chapter 6 Part 5 Section 506.7 Obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant. 76-6-506.7. Obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant.
Under Utah law, to bring a claim sounding in fraud, a party must allege (1) that a representation was made (2) concerning a presently existing material fact (3) which was false and (4) which the representor either (a) knew to be false or (b) made recklessly, knowing that there was insufficient knowledge upon which to ...
Penalties If the value sought is less than $500: Class B misdemeanor. If the value sought is between $500 and $1,500: Class A misdemeanor. If the value sought is between $1,500 and $5,000: Third degree felony. If the value sought is or exceeds $5,000: Second degree felony.