Difference between revisions of "Fraud"
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| − | A '''fraud''' is a false representation of a matter of fact which is intended to [[ | + | A '''fraud''' is a false representation of a matter of fact which is intended to [[deceit|deceive]] another. |
To prove fraud in court, a victim must prove each of the "five fingers of fraud":<ref>In re Mau, 293 B.R. 919, 923 (Bankr. C.D.Ill. 2003)</ref> | To prove fraud in court, a victim must prove each of the "five fingers of fraud":<ref>In re Mau, 293 B.R. 919, 923 (Bankr. C.D.Ill. 2003)</ref> | ||
Latest revision as of 13:17, May 29, 2024
A fraud is a false representation of a matter of fact which is intended to deceive another.
To prove fraud in court, a victim must prove each of the "five fingers of fraud":[1]
- a person made a material false statement
- he knew the statement was false
- he intended to deceive the victim
- the victim justifiably relied on the false statement
- the victim was damaged
A material false statement is not limited to an affirmative statement that is false. Instead, it can also include concealment of what should have been disclosed.[2]
Other uses
In Medieval thought including Dante's Divine Comedy, fraud was a broad term used to describe any sin that involved the use of human intellect, including: seduction, flattery, simony, sorcery, political corruption (or barratry), hypocrisy, theft, evil counsel, sundering, forgery and deceit. These sins were known as 'minor fraud'; 'major fraud' was another name for treachery, which was considered to be the worst sin of all.
References
- ↑ In re Mau, 293 B.R. 919, 923 (Bankr. C.D.Ill. 2003)
- ↑ Legal definition of fraud
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