Fraud is defined as a misrepresentation that allows the perpetrator to benefit at the victim’s expense. It can be a simple crime or very complex. The greater the complexity of the crime, the more challenging it can be for the state to prove.
Like other theft charges, the penalties for fraud are generally based on the amount stolen. However, any fraud allegation is serious. Even if you get a short sentence, a conviction for fraud—like any other theft conviction—can impact future employment, harm your reputation, and lead to potential civil penalties. A Rochester fraud lawyer can help you understand the charges against you and explore options for a defense. Schedule a consultation with the dedicated criminal defense attorneys at Kohlmeyer Hagen, Law Office Chtd. to learn how we may assist you with your case.
It is common for people to call someone else a fraud if that person misrepresents themselves in some way. We equate the terms liar and fraud. However, the law takes a more precise approach to the concept of fraud.
Minnesota Statutes § 268.182 defines fraud, which is a subtype of theft. It can be either through positive acts, such as lies, or through negative acts, such as omitting material information.
It requires the following elements:
The defendant has to materially misrepresent a material fact about the past or present. The misrepresentation must also be intentional—simply making a mistake is not fraud. To prove fraud, a lie or misrepresentation, on its own, is not enough. The misrepresentation must be material—enough to induce or cause the victim to act and rely on it. Finally, the misrepresentation has to cause harm or have the potential to cause harm to the victim.
Fraud is also a civil action, and many of the same defenses available to people in a civil case can also apply to criminal cases. For example, not every misrepresentation is a crime. Opinions, even if they are misleading, are not misrepresentations of material facts. Puffing—overstating a belief in the value of goods or services to make a sale—is also not considered fraud under most circumstances.
While these exceptions may seem straightforward, in practice, it can be complicated to determine whether the misleading fact was material. A Rochester attorney can help you explore potential defenses against fraud charges.
One key thing to know about fraud allegations is that the punishment often includes restitution and fines. The fines go to the government, and any restitution goes to the victim or victims.
However, many people may not be able to repay those costs. Additionally, restitution is limited to specific losses, but courts may order whatever the prosecution requests unless someone challenges those orders. As a result, a defendant with assets could be subject to a disproportionate restitution order beyond the amounts allegedly stolen. With the help of a fraud lawyer in Rochester, you can avoid unreasonable penalties.
Facing fraud charges can be overwhelming. The allegations can be complex, and planning a defense without legal counsel can be challenging.
In many cases, the government may not even have sufficient evidence to convict you. However, if they do, you may be able to avoid part of your punishment by offering a plea deal with substantial restitution. Reach out to a Rochester fraud lawyer at Kohlmeyer Hagen, Law Office Chtd. to learn more.
