A fraud case is a lawsuit filed against someone that claims they deceived another person or business. This type of lawsuit is a civil case rather than a criminal case, and it seeks compensation for the victim rather than jail time for the defendant.
To make a fraud claim, you must be able to prove nine different elements by clear and convincing evidence. These elements include that the perpetrator made a false statement or concealed a material fact, that they knew the statement was false and that they intended for you to rely on it, that you did in fact rely on the false statement or concealment of a material fact, and that you suffered actual harm as a result of your reliance.
There are many ways to challenge evidence in a fraud case, and it is important for your lawyer to have a thorough understanding of the law. Challenging evidence requires an in-depth look at each piece of information to ensure that it was obtained legally, is authentic, and directly relates to your fraud allegation.
When reviewing your evidence, avoid making any inferences or judgments. This can muddle your investigation report and hurt your ability to prove the case. For instance, you should focus on documents that provide a snapshot of the facts as they existed at the time the document was created. In addition, you should review the chain of custody for each piece of evidence to be sure that it has not been tampered with or compromised.
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