Fraud Lawsuits

Fraud is a dishonest action or lack of action that is criminally punishable by or civilly compensable. Fraud includes outright deception, and sometimes almost "accidental" misrepresentation.

It can also include the failure to disclose or to tell the whole truth. The legal definition of fraud is an intentional perversion of truth or a false misrepresentation of a matter of fact which induces another person to part with some valuable thing belonging to him or to surrender a legal right. In addition to the general definition of fraud, there are regulations that have specific definitions of fraud under that particular regulation. In some situations, if the rules are not followed to the letter, it can be considered fraud under that regulation. For example, under the federal securities laws fraud is not limited to the selling of bogus securities includes the sale of legitimate securities for illegal purposes and insider trading.

In West Virginia, victims of fraud can seek protection under the Consumer Protection Act and other laws. Fraud victims can obtain restitution under Lemon laws, warranty laws, the West Virginia Consumer Goods Rental Protection Act and other statutes. Restitution means restoring the victim to his or her prior state of well-being. Restitution may be ordered to cover numerous fraud related expenses incurred by the victim and can include medical expenses, lost wages, counseling expenses, lost or damaged property, funeral expenses and other direct out-of-pocket expenses. In the United States, courts must order restitution for federal fraud crimes committed after April 24, 1996, regardless of the defendant's ability to pay. The court sets the amount of restitution and the conditions for repayment. If there are multiple victims, the court will also decide the order of payment. Within the federal prosecutor's office, the Financial Litigation Unit (FLU) works to uncover any assets the crook may have that could be sold, seized, or forfeited to satisfy the restitution debt. The most commons fraud cases involve:

• Undisclosed defects in houses and cars
• Home improvement fraud
• Failure to live up to the terms of a contract
• Deceptive lending practices
• Consumer credit fraud
• Deceptive advertising
• Mislabeled goods
• Deceptive rental contracts
• Other acts constituting consumer fraud

Every state gives courts the statutory authority to order restitution. The West Virginia Consumer Protection Act enables victims of such frauds to obtain compensation and attorney's fees. If you or your loved ones have been a victim of fraud, you may be entitled to compensation and restitution.