Defending Against Criminal Allegations of Fraud

 Posted on March 23,2018 in Criminal Defense

When a person deceives someone with the intent of causing him or her harm, this is considered fraud—a serious criminal offense. Fraud can take many forms, including writing bad checks, forging documents, making false insurance claims, identity theft, using another person’s credit card without his or her permission, or misrepresenting the value of property being sold. If you are accused of fraud, it is important to understand the nature of these crimes and the potential defenses against the charges.

What Constitutes Fraud?

For an act to be considered fraud, the act must meet the following requirements:

• The person must have misrepresented a material fact;
• The person must have known that his or her statements were false and intended to commit an act of deception;
• The victim must have reason to rely on the person’s false statements; and
• The victim must have suffered harm as a result of the person’s false statements.

Defenses Against Fraud Charges

Since the criteria for what is considered fraud are strict, there are a variety of possible defenses against fraud allegations, including:

• Absence of intent - Fraud only occurs when a person intended to deceive someone. If it can be shown that a person did not know that he or she was making false statements, that he or she made a mistake when providing information, or that he or she did not intend to cause harm, it may be possible to have the charges dismissed.
• Consent - If a person accused of fraud had permission to perform the actions of which he or she was accused (such as using a credit card or transferring money to or from a bank account), then he or she did not commit fraud.
• Insufficient evidence - A prosecutor must demonstrate beyond a reasonable doubt that a person’s actions met all of the requirements to be considered fraud. A defense attorney may be able to find gaps in the prosecution’s case, showing that there is not enough evidence to prove that fraud occurred.
• Entrapment - In some cases, overzealous law enforcement officers will present a person with an opportunity to commit fraud and encourage him or her to do so, in hopes of making an arrest and conviction. If it can be shown a person was compelled or pressured to commit an act of fraud by a representative of the government, then his or her attorney may ask to have the case dismissed.

Contact a Milwaukee, WI, Criminal Defense Attorney

If you have been accused of fraud in Wisconsin, it is essential to have a skilled attorney on your side who can examine the facts of the case and help you understand your options for defense. At Gimbel, Reilly, Guerin & Brown, LLP, we will work to protect your rights when you are facing criminal charges, and help you avoid consequences to your life, your freedom, and your career. Contact our Milwaukee fraud defense lawyers at 414-271-1440.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/943/III

https://docs.legis.wisconsin.gov/statutes/statutes/943/IV