San Antonio Lawyers Representing Fraud Defendants
Fraud is a deception that helps someone profit financially or personally. If a person is charged with fraud, he or she will be accused of hurting someone else for their own gain.
Fraud can be difficult to prove in court, but it is not impossible. If someone is accused of fraud, the court must give proof of what the accused’s state of mind was during the fraudulent actions.
In the United States, each claim of fraud must be presented with evidence that shows the intent of fraud.
If a fraud case is successfully prosecuted, the benefit-of-bargain rule may be used to calculate damages. The benefit-of-bargain rule rewards the appropriate amount by showing the actual difference of the fraudulent claim and the value of the fraudulent claim as it was presented.
For instance, let’s say a fraudulent realtor said a property was worth $350,000, but the property was $150,000. The benefit of bargain would be $200,000. The person making the fraudulent claim would then be awarded the difference.
Excessive damages are taken into account in a benefit of bargain. If profit was withheld from an alleged victim who really needed the money, the award may be more than the actual fraud claim.
Credit fraud is one of the most common types of fraud in the United States. It is so common that some companies build credit fraud into their yearly projections to accommodate for the losses.
There are three primary forms of credit fraud:
Fraud spree – unauthorized purchases made on existing accounts
Identity theft – unauthorized use of another person’s identity and credit information to make charges
Identity assumption – long-term unauthorized use of another person’s ID and credit information
Credit fraud can happen simply, such as getting a credit card stolen from a mailbox. Fraud purchases can also be found through monthly statements that an alleged victim may get from their bank.
Checks can be manipulated to appear real, but give fraudulent information. Checks can be altered digitally, chemically, and in many other ways to give off a realistic appearance.
Types of check fraud include:
Paperhanging – Writing checks with closed checking accounts
Check Kiting – Creating many checking accounts and using the time between creating the account and the availability of the funds to make fraudulent purchases
Forgery – Writing a check without the proper authorization (i.e., writing out a check on someone else’s checkbook)
Counterfeiting – Fabricating or duplicating a check and using it to make purchases
Alteration – Altering an existing check to charge or make a purchase
If a person’s ID and credit info have been accessed and used to make charges, it is internet fraud. There are many types of internet fraud used to trick people into giving away personal info.
Internet frauds can pose as charities, companies, individuals and more to trick people into giving away their personal information.
Have You Been Accused of Fraud?
Fraud is a felony charge. If you are charged with fraud, you could be facing fines and jail time. If you need a criminal defense attorney to help with your case, look to the Law Office of LaHood and Calfas. We can help work towards giving you the best possible option for your defense.