A fraud case involves allegations of wrongdoing that result in financial losses. Proving the elements of fraud can be a challenge, but an experienced attorney can help build a strong defense against these charges.
A strong fraud investigation begins with collecting relevant data, including records and other documentation that provide a “trail” of fraudulent activity. These may include transaction records, bookkeeping journal entries, emails, text messages, and any other document that reflects suspicious or deceptive behavior. In addition, thorough interviewing is critical. Interviewees can provide firsthand accounts of suspicious activities and reveal hidden aspects of the fraud scheme. An expert attorney can review these records and interviews for inconsistencies and discrepancies, which could point investigators toward critical areas that require further examination.
In order to prove fraud, you must be able to show that someone made a statement about an existing fact; that statement was false; that the person making the statement knew it was false; that you acted or reacted to the statement; and that you suffered real harm as a result. Intent is typically a key element in any criminal fraud charge, but it’s also an important factor in proving a civil claim for damages.
A skilled New York fraud attorney can thoroughly examine the evidence in a case and look for flaws, such as unsupportable inconsistencies or discrepancies. They can also review witness testimony, cross-examining witnesses to reveal inconsistent statements or inconsistencies with other pieces of evidence.