Suing someone for fraud, deception of conversion is a monstrous undertaking because these types of claims are among the most difficult to prove. We all think we know what fraud is in society, but the law requires more than “that’s fraud” or opinion to have a judgment upheld for fraud, deception, or conversion. The firm has filed suit as well as defended both individuals and companies and business for violations involving fraud, conversion, larceny by trick, embezzlement, Ponzi schemes, and cons or con-artist losses, as well as for other more specific business civil wrongs or torts.
Fraud and Deception usually have different but closely related definitions which depend on the situation, such as intentional misrepresentation, trick, or false promise. Each type of fraud requires scienter or solid evidence that the person accused of wrongdoing intended to defraud or use the intentional misrepresentation of fact to cause the victim damage. Knowing someone is dishonest is helpful but it does not always make you the winning party since real evidence and proof of fraud for civil cases has two different standards.
In California, fraud must be proven by a “preponderance of the evidence,” but fraud for punitive damages must be proven by “clear and convincing” evidence. When you allege these types of causes of action, a skilled lawyer will make certain that the claims are prepared and vetted properly and that all the facts needed for such claims are conjugated. Examples of such claims include:
- Being misled into an investment or purchase to your detriment
- Internal theft or “skimming” by diverting assets to personal use
- Ponzi or Pyramid schemes
- Payoffs and kickbacks
- False important statements in the course of a purchase or sale of any high value property or real estate
A claim for conversion is a civil claim for theft or stealing against someone. If a person or company has wrongfully interfered with another person’s rights or ownership of property that conduct is conversion regardless of their intent. An individual or business may claim conversion in order to stop a defendant from trespassing or totally interfering with their right to enjoyment and use of personal property, such as an expensive art work or painting, jewelry, bank deposits, or security deposit, or property connected to real estate such as trade equipment or business goods in a warehouse. Examples include:
- Improper or unauthorized relocation of personal property
- Unauthorized disposal or confiscation of personal property
- Stealing, Permanently Taking and Misappropriation: when someone takes what does not belong to them and refuses to return.
If you’ve been the target of fraud, deception, or conversion, please contact the Law Office of Joseph M. Kar PC to hire our outstanding thorough legal representation.