Easy Steps to Identify Fraud

Fraud or Deception–Prima Facie Elements or General Rules in All  Jurisdictions in the United States of America

A. Prima facie elements of fraud/deception by act or commission:

1. A written or verbal statement of fact (not opinion or humor…) which the author or speaker knows (intent), or should know (negligence) is false
2. Which statement is communicated to one or more third  party/person, i.e., the plaintiff(s)
3. The plaintiff(s) relied on the statement(s) to their detriment
4. The reliance was reasonable under the circumstances,  and
5. The plaintff(s) was injured as a direct result of the false or deceptive statement(s)

B. Prima facie elements of fraud/deception by omission:

1. The intentional failure to disclose, whether in writing or  verbally, a fact or facts AND/OR the negligent failure to disclose, whether in writing or  verbally, a fact or facts which a person has a duty to disclose to others under the circumstances
2. The fact or facts that were not disclosed were material and relevant to the transaction(s) between the parties
3. There is/was no legally recognized excuse or  justification for failing to disclose the material fact(s)
4. The plaintiff(s) was injured as a direct result of the intentional or negligent failure to disclose the material fact(s)
5. The failure to disclose was the proximate cause of the plaintiff(s)’ injury

Mr. Looney is a civil trial and appellate attorney with 42 years of experience, concentrating on complex matters. Mr. Looney is licensed in New Mexico and practices in all its courts, as well as the United States District Court for the District of New Mexico, the Tenth Circuit Court of Appeals, the US Tax Court and the US Supreme Court. Mr. Looney served in the U.S. Army as an infantryman from 1970-1972, assigned to the 82nd Arbrn. Div.

Spread the love

more