Conaway & Strickler, P.C.

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Proving fraudulent intent

Accusations of fraud are often the result of people losing significant amounts of money, property or other forms of wealth in investments or transactions in Atlanta. Given the consequences such losses can bring, the anxiety felt by those that suffer them is understandable. Yet should it justify accusations of wrongdoing? Many come to us here at Conaway & Strickler, PC after having been accused of fraud surprised that their actions have been perceived in such a way. If you find yourself in a similar scenario, you will be pleased to know that the unfortunate outcome of a monetary investment alone does not constitute fraud. 

Rather, intent to defraud must be established in order for you to face criminal charges. According to the U.S. Justice Department, it must be shown that you intended to cause financial harm or injury for you actions to qualify as fraud. No actual harm or injury need take place; the existence of intent is enough to warrant charges. Regardless of whether your actions produced financial losses for those accusing you of fraud or not, the burden of proof lies on prosecutors to prove your intent. 

What are indicators of intent? In the absence of a negative financial impact, your modus operandi may be looked at as proof of your intentions. If your dealings with clients or business partners are not completely transparent, or if the actions of any third parties that help consummate your deals prove to be unlawful, then your intent might come into question. However, you producing sufficient evidence showing that were operating in good faith may be enough to counter an accusation of fraudulent intent. 

You can learn more about dealing with fraud charges by continuing to browse through our site. 

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