Fraud is often alleged when someone used deceit or dishonesty to cause another to take certain actions which wrongfully deprived that person of their property, money, or even a legal right. One important aspect of fraud is that it carries the potential of obtaining punitive damages if the defendant is found liable. Essentially, the punitive damage is a monetary sum that serves to punish the defendant. The Court will take into consideration the financial status of the wrongdoer and the egregious extent of the action. Another important aspect of fraud is that it can be nondischargeable in bankruptcy, which means, the judgment will always remain, as long as you are diligent in renewing it as required by law.
In one particular case, our firm defended a client who was being sued for fraud based on an alleged promise made for an investment, which subsequently induced the other side to tender a substantial amount of money to fund this investment. Unfortunately, the investment was not successful. The Plaintiff alleged that our Client deceived him with a false promise, which caused him to lose over $350,000.00.
The monetary sum sought against the client was in excess of the $350,000.00, not including the punitive damages, which was also sought. With proper preparation and an aggressive strategy in place, we were able to have the entire matter dismissed against our Client prior to a trial date being set, which saved our Client the exposure of being found liable for fraud.
Being able to quickly spot the weaknesses of the other side’s case and creating a specific strategy to attack that weakness is one of the most important aspects of defending a fraud case. It is crucial to be able to act quickly and formulate the best strategy to defend and protect your rights.