In Utah, fraud is defined as the intentional use of deceit, trickery, or another dishonest means, in order to deprive a person or entity of money, property, or a legal right.
Inherent in any charge of fraud is an unjust advantage over another, which has the effect of causing harm to that person or entity. For example, if a person fails to point out a known mistake in a contract or other writing, or does not reveal a fact that he/she has a duty to communicate, that person may be charged with fraud.
Constructive fraud can be proved by showing a breach of a legal duty without direct proof of fraud or fraudulent intent, while extrinsic fraud occurs when deceit is employed to: (1) keep someone from exercising a legal right, (2) hide evidence, or (3) mislead the opposing party in a lawsuit.
Types of Fraud
There are many classifications and types of fraud, including:
- Bankruptcy Fraud
- Credit Card Fraud
- Bank Fraud
- Internet Fraud
- Insurance Fraud
- Securities/Investment Fraud
- Identity Theft
If You Are Convicted of Fraud
The consequences that may be imposed upon one convicted of fraud include:
- Restitution paid to victim(s)
- Probation or parole
- Loss of professional licensure or ability to obtain bonding
In considering the severity of punishment to be imposed, the court often considers the following:
- Whether or not the defendant has one or more prior convictions of fraud
- If the defendant is currently on probation or parole
- The prevailing attitude of the local community and court toward this type of crime
- Any mitigating or aggravating circumstances relating to crime or victim
You deserve justice, and the attorneys at M.A. MUNSON LAW intend to help you get it! With the attorneys of M.A. MUNSON LAW on your side, you can expect the aggressive, effective legal advocacy you need to ensure that your rights, freedoms, and reputation are protected. If you have been arrested or charged with fraud, call (435) 238-7734 to schedule a FREE CONSULTATION.
With offices in Cedar City and St. George, we represent clients throughout Central and Southern Utah, including Cedar City, Enoch, St. George, Beaver, Parowan, Paragonah, Panguitch, Enterprise, Brian Head, Hurricane, Washington, and Kanab.