Business Fraud Attorney in San Diego, CA
Litigating and Defending Against Fraud
Thanks to Wayne State University for their graphic representation (The Fraud Triangle) of how “fraud” gets a foothold. Partners, employees, distributors, associates – anyone who commits fraud is able to do so because there is opportunity, pressure, and a rationalization.
Opportunity is generally provided through weaknesses in the internal controls. Some examples include inadequate or no:
- Supervision and review
- Separation of duties
- Management approval
- System controls
Pressure can be imposed due to:
- Personal financial problems
- Personal vices such as gambling, drugs, extensive debt, etc.
- Unrealistic deadlines and performance goals
Rationalization occurs when the individual develops a justification for their fraudulent activities. The rationalization varies by case and individual. Some examples include:
- “I really need this money and I’ll put it back when I get my paycheck”
- “I’d rather have the company on my back than the IRS”
- “I just can’t afford to lose everything – my home, car, everything
Fraud is an issue that almost always appears in a business environment where there is money or products or services: something of value. Whether you are going after someone or some company who defrauded you or your company — or — if a claim of fraud is being aimed at you and your business, perhaps as part of a breach of contract or other business dispute, it is wise to have competent and aggressive legal counsel on your side. A “Breach of Contract” is one thing (a civil claim) but the claim of “Fraud” often times interests the police or other government agencies as fraud, if legitimate, sometimes results in “Criminal Charges.” The long-range ramifications of a fraud claim can have long-lasting effects upon your business, so getting immediate legal representation is critical to protecting your rights and interests.
Even if fraud is not taken to the level of criminal charges and there are no police or government entities involved, in a breach of contract matter, even an unmerited claim of fraud might be strategically added into a litigation matter so as to pursue unfair and undeserved punitive damages or the recovery of attorney fees. Defending against such exploitative fraud claims would be critical to protecting your company’s future: possibly your company’s mere existence. No matter the specifics of your case, be they from claims of constructive fraud, claims of purposful or fraudulent omission or even negligent misrepresentation, you need to locate a skilled and capable business litigation attorney to defend you and your company against these serious charges. Business Litigation Attorney Valerie Kramer welcomes you to call and schedule an office consultation to discus your issue of fraud. Our first concern is defending our clients rights and watching out for their personal and business well-being.
Business Attorney Valerie Kramer understands that investing some time in getting your business contracts in order, handling common legal transactions, or negotiating a lease should be cost-effective.
Valerie Kramer is also a Real Estate Attorney and helps Property Owners, Buyers & Sellers, Real Estate Brokers, Commercial Tenants and others involved in everyday real estate transactions and disputes. Valeries’s clients get maximum value for every penny spent, without padded hours for unnecessary “additional services.”
Call me personally – (619) 259-5030
– Let’s talk through your issue or opportunity.
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