Fraud or Embezzlement Attorney Riverside

Riverside Fraud Attorney

Fraud or Embezzlement in Riverside

Riverside White-collar crimes typically involve business and professional individuals who may have made bad choices. Since the proof of white-collar crimes is often complex financial documents, it can be difficult figuring out who is criminally responsible, and authorities may possibly accuse an innocent person.

These kinds of investigations usually come to light before the authorities even being apprised by the victim. We can certainly usually intercede and prevent the case from being sent to the government for criminal prosecution. A lot of these cases are usually filed in federal court and the stakes are certainly high.

Seasoned Fraud Lawyer Riverside

At our Riverside criminal defense law firm, our white-collar crime attorneys are tenacious negotiators and tough litigators who can take care of complex, voluminous evidence. We have many years of criminal law practical experience.

Riverside White Collar Crimes

Our white collar crime lawyers strongly fight for our clients charged with or being investigated for any white collar crime.

Some possible white collar crimes are the following:

* Bank Fraud

* Credit Card Fraud

* Healthcare Fraud

* Mail and Wire Fraud

* Insurance Fraud

* Embezzlement

* Real Estate Fraud

* Investment Advisory Fraud

* Pension Fraud

* Workers’ Compensation Fraud

* ERISA Fraud

* Stock Market Irregularities

* RICO Violations

Should you or maybe a loved one has been charged with or are now being investigated for a Riverside Embezzlement crime, please be sure to speak to us today.

Essential Elements Of A Fraud Action Riverside

Deceit and fraud are described separately in statutes. The liability for actual fraud is restricted to acts committed by or with the connivance of a party to a contract together with the intention to deceive another party to the contract and induce that party to get into the contract.

Deceit: One who willfully deceives another with intention to induce the other to alter his or her position to his or her injury or risk is accountable for any damage suffered as a result of the deceit.

There are 4 categories of deceit:

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true, usually referred to as intentional misrepresentation;

2. The assertion, as a fact, of that which isn’t true, by one who has no reasonable ground for believing it to be true, known as negligent misrepresentation;

3. The suppression of a fact, by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact, commonly referred to as concealment; and

4. A promise, made without any intention of performing it, commonly referred to as false promise.

Actual Fraud: Actual fraud consists of any of these acts, committed by or with the connivance of a party to a contract with intention to deceive another party to the contract, or to induce the other party to enter into the contract:

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

2. The positive assertion, in any manner not warranted by the information of the person making it, of that which is not true, though the person making the assertion believes it to be true;

3. The suppression of that which is true, by one having knowledge or belief of the fact;

4. A promise made without any intention of performing it; and

5. Any other act fitted to deceive.

Constructive Fraud: Constructive fraud consists of any breach of duty which, without having actual fraudulent intent, gains an advantage to the individual in fault, or any one claiming under the person in fault, by misleading another to the prejudice of the person misled, or to the prejudice of anybody claiming under the person misled. In addition, constructive fraud includes any act or omission that the law specially states to be fraudulent, without respect to actual fraud.

Election of Remedies: A plaintiff who has entered into a contract in reliance upon the fraud of a defendant can elect either the contract remedy, consisting of restitution based on rescission of the contract, or the tort remedy, by affirming the contract and seeking damages.

A plaintiff can file a complaint expressing causes of action in both contract and tort, but may possibly be required to choose one remedy or the other at some point before judgment.

Standard Procedural Outline for Fraud Riverside:

No two cases are alike and procedures differ with the nature and intricacy of the legal and evidentiary challenges concerned. The next is a very general outline of the stages of a civil action.

Filing a Complaint

Every case starts with the filing and service of a Summons and Complaint. The Complaint will contain one or more “causes of action” for example “Breach of Contract” or “Fraud”.

Service of the Complaint

After the Summons and Complaint have been filed with the court, they need to be properly served on the defendant(s). In the event the defendant(s) will accept the service, he/she may sign an Acknowledgment of Service. Otherwise the documents will have to be formally served.

Response to Complaint

The Defendant(s) have 30 days starting from the date of service of the Summons and Complaint to serve on the Plaintiff(s) either an Answer to the Complaint or a pleading attacking the sufficiency of the Complaint. Responses challenging the sufficiency of the Complaint include a motion known as a “Demurrer” and a “Motion to Strike”

Hearing of Challenges to Sufficiency of Complaint (When Applicable)

When the defendant(s) decide to file a demurrer or motion to strike, these motions must be heard and ruled upon so the matter may continue. This could extend to 2 months. In case this kind of motion is sustained and the court grants leave to amend the Complaint, a new complaint has to be drafted and served and the process starts again. At times another demurrer or motion will probably be filed leading to additional delays.

Discovery

When the Complaint and Answer have been filed both parties start “discovery” procedures by which the evidence essential to prosecute both sides of the case. Depending on the character and intricacy of the case, a number of the these discovery devices can be employed by the parties:

Interrogatories: Prepared questions which has to be answered under oath.

Request for Production of Documents: Demands for presentation of documents by the parties .

Requests for Admission: Requesting the parties to state which allegations they affirm and which they deny.

Deposition: The parties might be required to appear in the opposing lawyer’s office to answer questions under oath before a court reporter. Depositions may also be obtained from third parties.

Subpoena Documents from Third Party: Documents might be subpoenaed from 3rd parties such as banks and employers.

Discovery Motions (If Applicable)

If a party isn’t able or refuses to comply with discovery requests, it might be necessary for the party propounding the discovery to make a motion in court to compel responses. In the event the court grants the motion, additional responses will be made. If those responses are still insufficient, a different motion can be made and the court could sanction (fine) the resisting party. In extreme cases the judge can even terminate the action in favor of the moving party.

Trial Setting

All through the case the court will set a number of Case Management Conferences to be attended by attorneys for all parties. These proceedings are designed to see whether the case is prepared for trial. If the court feels that the case is ready for trial, it will fix the date for trial and make orders about completion of discovery and final preparation for trial.

Settlement Negotiations

Settlement negotiations may continue throughout the trial. Often the court will require the parties to try a mediation of the issues or will set a “Mandatory Settlement Conference” (MSC) before the trial date. Settlement negotiations in general are more intense as the trial date approaches.

Trial

Most of cases work out prior to trial. However if the parties cannot settle down the case, the only way to resolve the issues is by way of trial.