Fraud

Posted on September 28, 2023 in Fraud

What is fraud?

Fraud is a legal term that refers to any act of deception that is intended to gain something of value from another person. It can be committed in a variety of ways, including:

• Lying: This includes making false statements or representations to another person in order to gain their trust or confidence.
• Omitting information: This includes failing to disclose important information to another person that could affect their decision-making.
• Forging documents: This includes creating or altering documents without the authorization of the person whose signature or name appears on the document.
• Breach of fiduciary duty: This occurs when a person in a position of trust, such as a trustee or lawyer, betrays that trust for their own personal gain.

What are the different types of fraud?

There are many different types of fraud, but some of the most common include:

• Identity theft: This occurs when someone steals another person’s personal information, such as their name, Social Security number, or credit card number, and uses it without their permission.
• Investment fraud: This occurs when someone scams investors into investing in a fraudulent investment scheme.
• Insurance fraud: This occurs when someone files a false insurance claim or exaggerates the extent of a loss in order to receive insurance benefits.
• Healthcare fraud: This occurs when someone bills for medical services that were never provided or bills for services that are more expensive than the services that were actually provided.
• Bankruptcy fraud: This occurs when someone files for bankruptcy while concealing assets or income.

What are the consequences of fraud?

Fraud can have serious consequences for both the victim and the perpetrator. Victims of fraud may suffer financial losses, emotional distress, and damage to their credit rating. Perpetrators of fraud can be charged with criminal offenses, which can result in fines, jail time, or both.

What can you do to protect yourself from fraud?

There are a number of things you can do to protect yourself from fraud, including:

• Be suspicious of unsolicited offers. If you receive an offer that seems too good to be true, it probably is.
• Do your research before investing in anything. Before you invest in anything, research the company and the investment opportunity thoroughly.
• Be careful about sharing your personal information. Only share your personal information with trusted individuals and businesses.
• Monitor your credit report regularly. Review your credit report regularly for any unauthorized activity.
• Report fraud to the authorities. If you suspect that you have been the victim of fraud, report it to the authorities immediately.

How can a Phoenix litigation firm help you if you have been the victim of fraud?

If you have been the victim of fraud, a Phoenix litigation firm can help you recover your losses and hold the perpetrator accountable. A skilled fraud attorney can investigate your case, gather evidence, and file a lawsuit on your behalf. They can also represent you in negotiations with the perpetrator or their insurance company.

If you are looking for a Phoenix litigation firm to help you with a fraud case, contact us today. We have a team of experienced fraud attorneys who are ready to fight for your rights. Bill Miller can help you navigate the legal system and protect your rights. Contact Bill by calling 602-319-6899 to ensure your legal needs are conducted with confidence and legal clarity. Some of the issues covered under trial work and business law that our firm regularly handles involve:

Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.

Resources:

• Arizona Attorney General’s Office: Fraud and Scams
• Maricopa County Attorney’s Office: Scams and Fraud
• Arizona Department of Economic Security: Report Suspected Fraud
• Arizona Better Business Bureau
• Arizona Securities Division

Contract Law in Arizona

Posted on December 7, 2020 in Arizona Law Regarding Business Disputes

Arizona Supreme Court recently ruled that contractual time limits on lawsuits do not apply to a third party just because the third party is “closely related” to the contracting party. A link to the opinion is found below.

By way of background, a corporation hired an accounting firm.  The fee agreement contained a limitations provision, requiring that any claim against the accounting firm for its work be filed within two years after the audit. This is despite a six-year Statute of Limitations (SOL) in Arizona. In Arizona, you can contract away your SOL rights.

Three years after the audit, the corporation (closely held) sued the accounting firm for its work.  The accounting firm defended that the suit was barred by the limitations provision in the fee agreement.  The president and sole shareholder was not a party to the fee agreement, nor was he a signatory since the corporation’s CFO had signed for the corporation.

The trial Judge applied the fee agreement limitations because the president and sole shareholder was “closely related” to the corporation.  The court of appeals affirmed.

The Arizona Supreme Court reversed.  Stating that some courts in other States have applied contract provisions to third parties who are “closely related” to contracting parties, the Court rejected the doctrine in this case, for several reasons:

1)  Arizona law distinguishes between corporations and individuals who act on their behalf.  Applying contract provisions to “closely related” third parties would tend to void this distinction.

2)  Applying the contract provision to a third party would have a particularly harsh result: barring a lawsuit entirely.

3)  Arizona law already recognizes other ways to apply contract provisions to third parties, such as incorporation by reference, assumption, agency, piercing the corporate veil, equitable estoppel, and third-party beneficiary theories.

Over the last 33 years, we have filed scores of claims for common law fraud, RICO, AZRAC, and fraudulent schemes. We have defended and prosecuted cases involving contract breaches too.

In a case like JTF Holdings, there was no fraud alleged. It was just two folks fighting over money. Common law fraud involves a dispute between two people or business entities. It almost always comes from a contractual relationship that went bad or an investment scheme. Unlike criminal fraud cases in which the defendant can go to prison if convicted, in a civil fraud case, the judgment will only be for money. There is strict liability for many types of investment frauds. Lawyers often threaten jail in a civil fraud case, but it never happens. These types of threats border on extortion. The AG, Police or FBI will seldom get involved in a civil dispute where individuals are alleging fraud.

There are thousands of small closely held limited liability companies in Arizona. If you need help sorting out your rights and what the current law is, feel free to give Bill Miller, a call at 602-319-6899.

We also handle, Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title and escrow.

 

JTF Aviation Holdings Inc. v. CliftonLarsonAllen LLP

 

Litigation in Arizona is About to Explode

Posted on March 23, 2020 in Arizona Law Regarding Business and Real Estate

On this website, a few years ago, we wrote… for over 33 years the Law Firm of William A. Miller has ‘seen it all’. Well, that was until last week. Litigation in Arizona for Fraud, Contract Breach and various business torts will explode, not unlike the days of the RTC. As most of you know,…

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