Fraud


Fraud may be charged as a state or federal crime when there is intentional deception made for personal gain or to damage another person.

Description:
There are many different types of fraud that may be charged by the government, but all carry the common denominator of deceit used as a method to gain money or property from another person.

Types of fraud include:
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Mail fraud
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Wire fraud
Bankruptcy fraud
Tax fraud
Identity theft
Credit card fraud
Securities fraud
Insurance fraud

Prohibited Activities

In order to be found guilty or being convicted of Fraud, the government must prove beyond a reasonable doubt:
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A false statement of material fact;
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The knowledge by the person making the statement that the statement is untrue;
Intent to deceive the alleged victim;
The victim justifiably relied on the false statement; and
The victim was injured as a result.

Punishment

The penalties for fraud vary widely from state to state and within the federal system depending on the type of fraud charged.

Under California Penal Code § 532, fraud is generally punishable by up to one year in jail and a fine of up to either $ 1000.00 or $10,000.00, depending on the type of fraud.

Under Texas Penal Code § 32.32, the punishment depends on the value of property:
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a Class C misdemeanor if the value of the property or the amount of credit is less than $50;
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a Class B misdemeanor if the value of the property or the amount of credit is $ 50 or more but less than $ 500;
a Class A misdemeanor if the value of the property or the amount of credit is $ 500 or more but less than $ 1,500;
a state jail felony if the value of the property or the amount of credit is $ 1,500 or more but less than $ 20,000;
a felony of the third degree if the value of the property or the amount of credit is $ 20,000 or more but less than $ 100,000;
a felony of the second degree if the value of the property or the amount of credit is $100,000 or more but less than $ 200,000; or
a felony of the first degree if the value of the property or the amount of credit is $ 200,000 or more.
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