Most New Jersey residents have likely heard of fraud. Though they may have some understanding of what the crime entails, they may not know the specific types of fraud and what potential penalties someone charged with them faces. For anyone charged with a fraud crime, it is important to know exactly with what they are being charged. By having a clear understanding of the crime they are charged with, it may be possible for those accused of fraud to devise a strong criminal defense with the help of an attorney.
There are many types of fraud. Fraud can be committed in a number of ways and through a variety of means. Some of the more common types of fraud are committed through the internet, mail or by the phone. These can include anything from telemarketing fraud, identity theft, insurance fraud, securities fraud, wire fraud and credit card fraud.
Though they are executed through a variety of different methods, all of these fraud crimes share the same general criteria. To prove fraud, it must be shown that there was, first, some sort of misrepresentation. With insurance fraud, for example, this misrepresentation may take the form of an exaggerated insurance claim.
Next, it must be proven that the person executing the fraud crime was fully aware that what they did was false. The person making the exaggerated insurance claim must have been aware that the insurance claim was exaggerated, as another example. Third, the fraud crime must be done to someone who relies on the misrepresentation. And last, the fraud crime must result in real loss or injury as a result of this reliance.
If it is found that any of the criteria is not present in a case, it may be possible for someone convicted of such a crime to avoid the many penalties that come with a guilty sentence.