SAN DIEGO FRAUD LAWYER
Fraud in San Diego
Fraud is a deliberate misrepresentation that causes another person to suffer damages, which are usually monetary losses. Although most people consider lying to be a fraudulent, when looked at in a legal sense, lying is only one small element of actual fraud. If you have been the victim of fraud, you need to call Matthew Spiegel at the Spiegel Law Group, the San Diego fraud lawyer most San Diego residents turn to for assistance.
A salesman may lie about his name, eye color, place of birth and family, but if he remains truthful about the product he sells, he will not be found guilty of fraud. To be guilty of fraud, he must deliberately misrepresent the product's condition and monetary damages must occur. Many fraud cases involve complicated financial transactions conducted by business professionals with specialized knowledge and criminal intent.
Many fraud cases involve complicated financial transactions conducted by "white collar" criminals. These may be business professionals with specialized knowledge and criminal intent. For example, an unscrupulous investment broker may offer an opportunity to purchase shares in precious metal repositories. His status as a professional investor gives him credibility, which can lead to the contribution of substantial amounts of cash and the receipt of authentic-looking bonds in return. If the investment broker knew no such repositories existed and still took payments for worthless bonds, the victims may sue him for fraud.
San Diego Fraud Attorney
Several different conditions must be met in order to prove fraud in a criminal court:
- Deliberate misrepresentation of the facts must be proven. Did the seller know beforehand that the product was defective or that the investment was worthless? At the time of the sale, the account representative who sold the fraudulent insurance policy may not have known the policy was bogus. The accuser must be able to demonstrate that the accused had prior knowledge and voluntarily misrepresented the facts.
- Justifiable or actual reliance on the expertise of the accused. If a stranger approached you and asked for $10,000 to invest in a business, you would probably walk away. But if a well-dressed man held an investment seminar and mentioned his success in a business, you might rely on his expertise and perceived success to invest in his proposal. When months pass and there is no further contact or delivery of product, you might reasonably assume that fraud has occurred. You would need to testify in court that your investment decision was partially based on a reliance on his expertise and experience.
- Investors must fully investigate a proposal before any money changes hands. The accused can claim that the alleged victim had every opportunity to discover the potential for fraud and failed to investigate the matter thoroughly. Once a party enters into a legally binding contract, remorse over the terms of the deal is not the same as fraud.
If you believe that you have been the victim of fraud, contact a San Diego fraud lawyer today. Call Matthew Spiegel at (619) 338-0022 and let us get to work to protect your rights today.
