Consumer Fraud

Houston Consumer Fraud Attorney

There is a close relationship between consumer fraud and business fraud. Both types of fraud involve false
statements or deceitful acts made or committed with the intent that the statements or acts
would be relied upon to the victim’s detriment.

Business fraud is a violation of both civil and criminal law in Texas. If you are accused of
participating in financing fraud or deceptive trade practices, a Texas criminal defense
attorney might be able to help you.

What is Business Fraud in Texas?

A false representation of fact that is made to another person might be fraud under the Texas Penal Code if the following elements are present:

  • The false representation is made to another person or business entity, and
  • The person making the representation knows it to be false, and
  • The intent of the person making the false representation is to have the other person rely upon it, and
  • The person relying upon the false statement suffers damages

Penalties For Deceptive Trade Practices

Some fraudulent business practices are punishable under the Texas Criminal Code. A conviction of the crimes of financing fraud, deceptive trade practices or insurance fraud can lead to a lengthy prison sentence, substantial fines or probation.

The victim of fraudulent business practices has the right to sue the person or business responsible for the fraudulent practice.

Civil courts can award a fraud victim substantial monetary damages against the business or individual committing fraudulent acts or knowingly the false statements.

Fraudulent Business Practices Defenses

If you are accused of engaging in fraudulent practices in your business, keep in mind that in
a criminal case the prosecutors have the burden of proving the elements of the crime
beyond a reasonable doubt. The evidence must establish that you knew the statement
to be false when it was made and that you intended for the victim to rely upon it.

A criminal defense attorney might be able to assist you with a defense strategy that challenges
the evidence forming the basis for the charges against you. Casting doubt upon
witnesses or the evidence they offer might weaken the criminal case and lead
to a reduction of charges, a lighter sentence or dismissal of the case.


If you would like more information regarding wrongful debt collection fraud, get a hold of Rand Mintzer at 713-862-8880 to set up a free legal consultation.

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