What to Do in a Fraud Case

A fraud case can involve many types of deceit. Whether it involves stealing money, using fake credit cards or even impersonating a company representative (like the American con artist Frank Abagnale, who was the inspiration for the movie Catch Me If You Can). These cases can cause serious financial damage to victims and their organizations.

The purpose of a fraud investigation is to uncover facts based on evidence, not inferences or assumptions. To do this, you should thoroughly debrief your witnesses, requesting that they provide a full and complete written account of what happened, using plain language, and avoiding jargon or acronyms. You should also review records, documents, photos, and videos to find details that interviewees may forget or conceal. It’s also important to have access to email (work or personal) to see what the accused person is communicating with others.

Generally, there are nine mandatory elements of fraud: someone made a statement about an existing fact; that fact was false; the person making the statement knew it was false; they intended for you to act on their misrepresentation; and you actually acted or refrained from acting on their representation. The last element is usually the most difficult to prove. You will need corroborating proof that the person was aware of the falsehood, such as texts or emails.

A strong defense attorney will know how to challenge each piece of evidence in the case, including documents, financial records and witness testimony. Challenging evidence in a fraud case requires a strategic approach and deep understanding of the law.