Appeal on a Civil Fraud Conviction

December 01, 2012 | Blog

Civil fraud cases differ from criminal trials in that money damages are generally the remedy. This, of course, presupposes that the act of civil fraud in question did not lead to criminal charges. A Fairfield County appeals attorney will strategics an appeal to such a conviction with an eye on the specifics of the case.

Acts of Civil Fraud

State civil codes provide remedies against individuals who violate good faith practices by making false representations or concealing important information. For instance, a person may be charged with civil fraud for willfully lying about a product he is selling. The act of fraud is predicated upon the defendant knowingly being deceptive, and with the intent that the plaintiff will act upon the deception to his own detriment.

Appealing Civil Fraud

The most likely challenge a Fairfield County appeals attorney will bring to a civil fraud conviction is to call into question whether the act did, in fact, occur in the first place. One argument can be that the defendant was merely stating an opinion. Another potential argument is that the plaintiff misunderstood the act or statement. If any of the necessary components of the act of fraud can be successfully struck down—that it was committed, that it was done knowingly, and that the intent was that the plaintiff act upon it—the appeal may be granted.

If you have been convicted of civil fraud, call Fairfield County appeals attorney Mitchell Baker to arrange a meeting. Call (914) 681-9500 today.