Criminal Fraud - Explained
What Constitutes Criminal Fraud?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is Criminal Fraud?
The elements of the crime of fraud vary between jurisdictions. Consistent with the federal fraud statute, fraud is the unlawful taking of another's property through the following types of knowing and willful conduct:
- falsifying, concealing, or covering up any trick, scheme, or device;
- making any material false fictitious, or fraudulent statement or representation about a material fact; or
- making or using any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.
What False Pretenses of Theft by Taking?
Charges related to fraud, commonly known as false pretenses and theft by deception, generally constitute the following types of conduct:
- intentionally creating or reinforcing an impression that is false;
- failing to correct an impression that is false and that the person does not believe to be true if there is a confidential or fiduciary relationship between the parties;
- preventing another from acquiring information that is relevant to a transaction; and
- failing to disclose a known lien or other legal impediment to property being transferred.
Note: The elements of the above charges are generally common among most jurisdictions, with slight variations in the language or wording.
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