Being accused of any type of fraud can be worryisome. No matter how confident you are that you are innocent, you still need to prove this to the courts. This is why a strong defense is necessary for all situations.
Every accusation of fraud is unique, and this is why every defense of fraud will be tailored to the individual situation. However, any successful defense requires that the elements present in the crime are disputed. If you have recently been accused of fraud in Texas, you should first pay close attention to the elements of the crime.
What needs to be proven to successfully charge a person with fraud?
To find a person guilty of fraud, it must be proven that they acted purposely to misrepresent important information. As a result, another party must have relied on this misrepresented information and suffered damages as a result. The defendant needs to have known that the information they were representing was, in fact, false to be found guilty of the crime.
How can I defend myself against an accusation of fraud?
Showing that any one element of the crime of fraud was not present can be enough to avoid being charged with fraud.
In the first instance, you may be able to argue that although you misrepresented information, you did not act with intent because you believed this information was true.
Alternatively, you may want to argue that you never provided any information that was relied on by the other party. In other words, you may be able to show that there was no causal link between the information you provided and the damages suffered.
Thirdly, you may be able to show that damages were not suffered by the other party whatsoever.
There are many possibilities when it comes to defending yourself from fraud, and it is also important that you pay close attention to the wording of the law when it comes to the exact type of fraud that you have been accused of committing.
You must not underestimate the possible consequences of being charged with fraud. Unfortunately, some people suffer significantly due to a damaged reputation, even if they do successfully defend themselves.