Types of Fraud in North Carolina

North Carolina civil fraud attorneys handle lawsuits for fraudulent business practices that follow different legal principles than criminal fraud cases. Most fraud involves misrepresenting material facts to con another entity, business, or person, but criminal and civil cases differ by who initiates the claims and what proof is required. Read on to learn about fraud in North Carolina and how a business litigation attorney can help you seek a civil claim.

Criminal fraud is considered a crime in North Carolina and is prosecuted by the state. These fraudulent business practices are often referred to as ‘white collar crimes’ and can include healthcare insurance fraud, mortgage fraud, and other false claims, depending on the offense. An attorney for a criminal fraud case faces a high standard of proof because the stakes of these allegations are severe.

Civil fraud is generally considered an intentional deception of a person or business to achieve a for monetary gain. A person or enterprise that is a victim of business fraud may bring a lawsuit for fraud to recover damages. A civil fraud attorney must use evidence to show that it is more likely than not that the defendant acted as the plaintiff alleges. Misrepresenting a workers’ compensation claim and falsifying a company’s financial statements are examples of civil fraud.

Civil fraud can arise from the same facts as criminal fraud, but these lawsuits are brought by victims against the party involved in the fraudulent business practices. Not all civil fraud rises to the level of criminal fraud. Criminal cases often go to trial, while civil cases may be heard by a jury or decided solely by a judge.

Most civil fraud attorneys seek damages for lost money or property, and in some instances, the defendants may be responsible for punitive damages. North Carolina’s Unfair and Deceptive Trade Practice Act allows for treble damages and attorneys’ fees.

If you’ve been the victim of business fraud, contact Miller Law Group in North Carolina to discuss the matter with our civil fraud attorneys. We have the experience and tools to fight back.