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.
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:
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.
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.