Fraud
Fraud
Fraud is an act of deception to secure unfair or unlawful gain and deprive a victim of a legal right. Fraud can violate civil law or criminal law or both and it may cause loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage where the offender may attempt to qualify for a gain by way of false statements.
According to the Contract Act of 1872 of Bangladesh Law, “Fraud” defined:
“17. "Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:-
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it;
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.
Explanation – Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.
Illustrations
(a) A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse's unsoundness. This is not fraud in A.
(b) B is A's daughter and has just come of age. Here, the relation between the parties would make it A's duty to tell B if the horse is unsound.
(c) B says to A-"If you do not deny it, I shall assume that the horse is sound." A says nothing. Here, A's silence is equivalent to speech.
(d) A and B, being traders, enter upon a contract. A has private information of a change in prices which would affect B's willingness to proceed with the contract. A is not bound to inform B.”
The Fraud is divided in two offenses:
- Civil offense: The necessary components of fraud as a breach are typically the deliberate misrepresentation or concealment of a material fact on which the victim is intended to rely, and in fact does rely, to the victim's detriment. However, specific definitions and standards of proof vary amongst jurisdictions. It's common knowledge that proving fraud in court is challenging as the essential component at issue is the intent to deceive. Therefore, there is a "higher evidentiary burden than other civil claims" when it comes to demonstrating fraud. The fact that certain jurisdictions require the victim to establish fraud with unambiguous and compelling proof makes matters more challenging. Revocation of a fraudulently obtained agreement or transaction, the recovery of a monetary award to make up for the harm done, punitive damages to penalize or discourage the misbehavior, and maybe other remedies are among the remedies available for fraud. Fraud may be used as a defense in a civil suit for breach of contract when it refers to a fraudulently induced contract. In a similar vein, a court may assert its equitable jurisdiction in response to fraud.
- Criminal offense: Fraud is illegal in common law regimes and can take many different forms. Some types of fraud are generic, like theft by false pretense, while others are unique to certain victim groups or types of wrongdoing, like forgery, bank fraud, and insurance fraud. The components of fraud as a criminal offense also differ. The purposeful deception of a victim by false representation or pretense with the intent to persuade the victim to part with property, the victim parting with property in reliance on the representation or pretense, and the perpetrator's intention to keep the property from the victim are the necessary elements of theft by false pretense, which is perhaps the most common form of criminal fraud.
The types of Frauds are:
- Forgery,
- Identity Theft,
- Internet Fraud,
- Tax Forgery,
- Commodities Fraud etc.
How can we help you?
Welcome to Zeroplus-Legal, your steadfast partner in navigating the intricate realm of the Fraud case in Bangladesh. Our dedicated legal team is here to provide you with expert guidance and unwavering support when it comes to matters concerning personal security and freedom.
Our Expertise in Fraud Case Matters:
Immediate Action: We understand the urgency associated with fraud cases. Our legal experts swiftly analyze your situation and initiate prompt legal actions to secure your property or release from unlawful detention.
Legal Strategy Development: Our experienced attorneys craft strategic plans tailored to your specific circumstances, ensuring the strongest case possible for the issuance of the winning in the fraud case.
Application Drafting and Filing: We meticulously draft and file criminal appeal applications with the appropriate courts, presenting compelling legal arguments that emphasize the violation of your fundamental rights.
Appropriate Court Representation: Zeroplus-Legal's seasoned litigators passionately advocate on your behalf during fraud case hearings, ensuring that your voice is heard, and your rights are vigorously defended.
How Zeroplus-Legal Can Assist:
Comprehensive Consultation: We provide detailed consultations to help you understand the intricacies of the Fraud Case, explaining your rights and the legal remedies available to you.
Application Preparation: Our legal experts meticulously prepare fraud case applications, articulating legal arguments that highlight the deprivation of your liberty and the urgency of your appeal.
Urgent Legal Actions: Understanding the time-sensitive nature of fraud cases, we initiate immediate legal actions to secure your release from unlawful detention.
Courtroom Advocacy: Zeroplus-Legal's experienced litigators represent you passionately during fraud case hearings, ensuring that your rights and liberties are protected throughout the legal proceedings.
Legal Research: Our team conducts thorough legal research to support your case, strengthening arguments with precedents and legal principles.
Why Choose Zeroplus-Legal:
Legal Advocates: Our legal professionals possess a deep understanding of the fraud and relevant procedure, offering expert advice and representation.
Tailored Approach: We recognize that every criminal appeal is unique. Our strategies are tailored to your specific situation and the urgency of your matter.
Ethical Advocacy: We uphold the highest ethical standards while advocating for your rights, ensuring a fair and just legal process.
Transparent Communication: We believe in transparent communication, keeping you informed about the progress of your case and the options available to you.
Client-Centric Focus: Your personal freedom matters to us. We provide unwavering support, working relentlessly to secure your release from unlawful detention.
Proven Success: Our successful track record in handling criminal appeal underscores our proficiency in this specialized legal field.
At Zeroplus-Legal, we understand the critical nature of fraud case matters and the urgency they demand. Contact us today to leverage our expertise and embark on a legal journey that seeks to restore your personal liberty and safeguard your fundamental rights. Your freedom matters, and we are here to stand by your side throughout the process.