Fraud or Embezzlement Attorney Fresno

Fresno Fraud Attorney

Fraud or Embezzlement in Fresno

Fresno White-collar crimes usually involve business and professional individuals who have made poor choices. Since the evidence of white-collar crimes can often be complicated financial records, it can be tough figuring out who will be criminally accountable, and authorities may accuse an innocent individual.

These kinds of investigations often come to light before the authorities even being apprised by the victim. We could usually intercede and stop the case from being sent to the government for criminal prosecution. A lot of these types of cases are filed in federal court and the stakes are very high.

Experienced Fraud Attorney Fresno

At our Fresno criminal defense law firm, each of our white-collar crime lawyers are tenacious negotiators and tough litigators who are able to handle complex, large evidence. We’ve got numerous years of criminal law working experience.

Fresno White Collar Crimes

Our white collar crime lawyers strongly fight for our clients arrested for or currently being investigated for a white collar crime.

Many possible white collar crimes are the following:

* Bank Fraud

* Credit Card Fraud

* Healthcare Fraud

* Mail and Wire Fraud

* Insurance Fraud

* Embezzlement

* Real Estate Fraud

* Investment Advisory Fraud

* Pension Fraud

* Workers’ Compensation Fraud

* ERISA Fraud

* Stock Market Irregularities

* RICO Violations

Should you or maybe a family member is charged with or are being investigated for a Fresno Embezzlement crime, please don’t hesitate to call us right away.

Basic Elements Of A Fraud Action Fresno

Deceit and fraud are described individually in statutes. Liability for actual fraud is restricted to acts committed by or with the connivance of a party to a contract with the intent to deceive another party to the contract and induce that party to enter into the contract.

Deceit: One who willfully deceives another with intent to induce the other to alter his or her position to his or her injury or risk is accountable for any damage suffered as a result of the deceit.

There are four categories of deceit:

1. The suggestion, as a fact, of that which is not true, by one who doesn’t believe it to be true, usually referred to as intentional misrepresentation;

2. The assertion, as a fact, of that which isn’t true, by one who doesn’t have reasonable ground for believing it to be true, known as negligent misrepresentation;

3. The suppression of a fact, by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact, commonly referred to as concealment; and

4. A promise, made without any intention of performing it, commonly referred to as false promise.

Actual Fraud: Actual fraud consists of any of the following acts, committed by or with the connivance of a party to a contract together with intent to deceive another party to the contract, or to induce the other party to enter into the contract:

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

2. The positive assertion, in any manner not warranted by the information of the person making it, of that which is not true, though the person making the assertion believes it to be true;

3. The suppression of that which is true, by one having knowledge or belief of the fact;

4. A promise made without any intention of performing it; and

5. Any other act fitted to deceive.

Constructive Fraud: Constructive fraud consists of any breach of duty which, without actual fraudulent intention, gains an advantage to the person in fault, or any one claiming under the person in fault, by misleading another to the prejudice of the person misled, or to the prejudice of anyone claiming under the person misled. Furthermore, constructive fraud includes any act or omission that the law specifically states to be fraudulent, without respect to actual fraud.

Election of Remedies: A plaintiff who has entered into a contract in reliance on the fraud of a defendant may elect either the contract remedy, consisting of restitution based on rescission of the contract, or the tort remedy, by affirming the contract and seeking damages. A plaintiff can file a complaint stating causes of action in both contract and tort, but may possibly be required to choose one remedy or the other at some time prior to judgment.

General Procedural Outline for Fraud Fresno:

Simply no two cases are the same and procedures vary with the nature and intricacy of the legal and evidentiary issues concerned. The next is a very standard outline of the stages of a civil action.

Filing a Complaint

Every case begins with the filing and service of a Summons and Complaint. The Complaint will contain one or more “causes of action” like “Breach of Contract” or perhaps “Fraud”.

Service of Complaint

After the Summons and Complaint have already been filed with the court, they must be correctly served on the defendant(s). If the defendant(s) accept the service, he/she may sign an Acknowledgment of Service. Otherwise the documents should be formally served.

Response to Complaint

The Defendant(s) have 30 days starting from the day of service of the Summons and Complaint to serve on the Plaintiff(s) either an Answer for the Complaint or perhaps a pleading attacking the sufficiency of the Complaint. Responses challenging the sufficiency of the Complaint has a motion known as the “Demurrer” and a “Motion to Strike”

Hearing of Challenges to Sufficiency of Complaint (If Applicable)

If the defendant(s) choose to file a demurrer or motion to strike, these motions have to be heard and ruled upon before the matter may proceed. This can extend to 2 months. In case this kind of motion is sustained and the court allows leave to amend the Complaint, a new complaint must be drafted and served and the process starts again. Sometimes a second demurrer or motion will be filed causing more delays.

Discovery

When the Complaint and Answer are already filed both parties start “discovery” procedures by which the evidence essential to prosecute both sides of the case.

Based on the character and complexity of the situation, a number of the these discovery devices can be employed by the parties:

Interrogatories: Prepared questions which must be answered under oath.

Request for Production of Documents: Demands for presentation of documents by the parties .

Requests for Admission: Requesting the parties to say which allegations they affirm and which they deny.

Deposition: The parties might be required to show up in the opposition lawyer’s office to answer questions under oath in front of a court reporter. Depositions may also be obtained from third parties.

Subpoena Documents from Third Party: Documents may be subpoenaed from 3rd parties such as banks and employers.

Discovery Motions (If Applicable)

If a party fails or will not follow discovery requests, it might be essential for the party propounding the discovery to produce a motion in court to force responses. In the event the court grants the motion, additional responses are going to be made. In case those answers continue to be insufficient, a different motion can be made and the court can sanction (fine) the resisting party. In extreme cases the judge may even stop the action in favor of the moving party.

Trial Setting

Throughout the case the court sets a number of Case Management Conferences to be attended by lawyers for both parties. These proceedings are designed to see whether the case is ready for trial. If the court thinks that the case is ready for trial, it will set the date for trial and make orders regarding completion of discovery and final preparation for trial.

Settlement Negotiations

Settlement negotiations might continue throughout the trial. Usually the court will demand the parties to take a mediation of the issues or will set a “Mandatory Settlement Conference” (MSC) prior to a trial date. Settlement negotiations in general are more intense as the trial date approaches.

Trial

Most of cases work out prior to trial. If however the parties cannot settle the case, the only way to fix the issues will be by way of trial.