List of Felonies


Defining Fraud
Fraud is often defined as the intentional deception made to damage another person or for personal gain. Fraud is a civil law violation as well as a crime in all fifty states. Money is often involved in fraud cases along with valuable possession, but in recent years fraud has also enveloped others means of personal gain and prestige, such as the science field.

Different Kinds of Fraud
In recent year fraud is most often committed through forms of media, including the Internet, the mail, and the phone. Identity and location are easily concealed through means of media, so credit card details and personal information can be accessed quickly.

Fraud in the criminals sense comes in all different types and includes tax fraud, identity theft, embezzlement, religious fraud, charlatanism, bait and switch, false billing, forgery, health fraud, bankruptcy fraud, security fraud, counterfeiting, creating false companies, false insurance claims, false advertising, and investment fraud.

Fraud Elements
Nine elements are associated with fraud in common law. The nine elements are the stance in which a person will take in a court of law. These elements plead fraud as a representation of an existing fact; a falsity; a materiality; a speaker's knowledge of a falsity; a speaker's intent that is to be acted upon by a plaintiff; a plaintiff's reliance on the truth of the representation; the plaintiff's ignorance of the falsity; the plaintiff's right to rely upon; and the consequent damages suffered by the plaintiff.

A majority of United State jurisdictions require that each element be pled with clear and coherent evidence to establish a fraud claim. This evidence must be probable to be used in court. The "benefit of bargain" rule states that the measure of damages in fraud cases is to be computed in an orderly system. This is the difference between the value of the property as represented and the actual value of the property. At times special damages are allowed if the damage amount is proven with specificity.

Punishment and Penalties for Fraud
Fine limits for fraudulent acts are generally determined by specific guidelines set by workers' compensation laws and rules. These guidelines determine the penalties for various acts of fraud. Rule 45 holds the specifics on each fraud as cited by the Rules for Administrative Citations and Penalties. These penalties are normally long and very serious in consequences.

Those being charged with fraud can be punished by imprisonment, a monetary fine, repayment of the benefits received, the forfeiture of future benefits, and order or injunctive relief. The punishment received depends on the extent of the crime committed as well as the amount of money involved, either lost or gained. A person can receive one or more of these penalties in a single sentence.

These penalty guidelines can vary and can be reduced in varying circumstances. At times a penalty may be reduced if all or some of the benefit obtained during the act of fraud is repaid. However some acts of fraud do not allow for the reduction of a penalty. These include the falsification of medical records and the falsification of a sworn testimony or statement.