Under Ohio law, the act of defrauding another person can be treated both as a crime as well as grounds for a lawsuit in a civil case. What this means is that the primary difference between civil fraud and criminal fraud has to do with the party that is pursuing legal action.
The most common types of fraud involve intentionally using illegally obtained or false information for personal gain. Unlike other types of crime, the intent of the accused is essential in order for there to be a basis for a lawsuit.
Are you wondering what else you need to know about the difference between civil fraud and criminal fraud? Let’s take a look at what you need to know.
What Is Fraud?
Fraud occurs when someone purposefully represents material facts falsely or conceals those facts with the intention of obtaining an unlawful gain over a victim. There are a number of legal elements involved in fraud, including:
- Lying about or concealing a material truth
- Misrepresenting material facts
- The false representation was made purposefully with the goal of misleading the victim
- Awareness on the part of the accused that they were falsely representing the fact
- A victim trusts the accused in their misrepresentation and relies on this information
- The victim either suffers or could have suffered due to their reliance on the falsely represented information
Fraud can be categorized as either criminal or civil fraud. In the next few sections, we will take a look at the difference between civil fraud and criminal fraud.
What Are the Different Types of Fraud?
There are many different ways that individuals can commit fraud. Some of the common examples of criminal fraud include:
- Bankruptcy fraud
- Wire fraud
- Mail fraud
- Wire fraud
- Bank fraud
- Charity fraud
- Check fraud
- Credit and debit care fraud
- Insurance fraud
- Securities fraud
- Tax evasion
- Identity theft
Some of the common types of civil fraud cases in the state of Ohio include Medicaid fraud, Medicare fraud, mortgage fraud, bank fraud, and worker’s compensation fraud.
What Is the Difference Between Civil and Criminal Fraud in Ohio?
The primary difference between civil fraud and criminal fraud doesn’t refer to a difference in the type of fraud itself but rather who is bringing legal action against the accused. In the case of criminal fraud, the individual is prosecuted by the government. On the other hand, civil fraud cases are brought against the accused by the victim.
When a person receives a guilty verdict or strikes a plea agreement in a criminal fraud case, it can result in jail time, restitution, and/or probation. In the case of a civil fraud suit, the victim can be awarded damages for both economic or non-economic losses.
Are You Looking for a Civil Fraud Attorney in Columbus, Ohio?
Whether you are being charged with civil fraud or you are the victim of civil fraud, having an experienced lawyer on your side is essential. The sooner you contact a lawyer, the faster they can start building your case.
It is common for civil fraud cases to accompany criminal cases. For this reason, it is a good idea to hire a lawyer who is ready and able to fight for your rights in both criminal and civil court.
Are you searching for a knowledgeable civil fraud attorney in Columbus, Ohio? If so, contact Tyack Law today.