In the past years, Arizona had some of the toughest Fraud law in any State. This came about because the ‘hustlers’ from the East Coast loved our fast growth rate and vulnerable older population. Times are changing. Still, Arizona fraud has nine elements that need proof before you can get your money back. A plaintiff alleging fraud is required to prove each of the nine elements in order to be successful in her claim. NOT easy. Good lawyers can get 7 or even 8 proven, but then a Judge or Jury boots the claim because all 9 must be met.

1 is showing that a representation was made to the plaintiff. Representations can be made orally or in writing. Anything that represents certain information to the hearer can be considered a representation. In addition, Arizona courts have held that a material omission can be a representation for the purposes of a fraud claim. 2 and 3 turned t that gets a fraud claim rolling. Likewise, plaintiffs usually don’t contemplate bringing a fraud claim where the representation is not a material one.

4 plaintiff must prove that the defendant actually knew or reasonably should have known that they were making a false statement. Many fraud claims get booted here because it can be extremely difficult to prove what’s inside the defendant’s mind: actual knowledge about the false statements they were making.

5 requires evidence of the defendant’s state of mind, requiring the plaintiff to show the defendant’s intent. Along with the defendant’s knowledge about the falsity of the relevant representation, this can be proven circumstantially; however, the standard is tough.

6, 7 and 8 demand victims of fraud be not aware that representations made to them were false and their reliance on the fraudulent representations is almost inevitably what leads to damages and a subsequent suit. The belief of the victims must be reasonable. What this means is that a willfully ignorant plaintiff will not succeed on its claim for fraud.

9 a plaintiff must show that as a result of their reasonable reliance on the defendant’s misrepresentations, plaintiff suffered damages. This is easily proven by the check or wire you sent to the fraudster.

If someone took your hard earned money, call Bill Miller at 602.319.6899. We will do our best to help you recover.

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