What is the difference between civil and criminal fraud?

The difference between civil and criminal fraud is an important distinction in Delaware’s consumer fraud law. Civil fraud is a type of legal violation that occurs when a person or company misleads or deceives someone else in an attempt to gain an advantage. It is usually addressed through civil lawsuits and can result in monetary damages being awarded to the victim. On the other hand, criminal fraud is a more serious violation of the law and typically involves a malicious act like theft or deceit. Criminal fraud is usually addressed through criminal charges which could include prison time and fines. At its core, the difference between civil and criminal fraud is the intent and the severity of the legal violation. If a person or company intentionally deceives another person in an attempt to gain an advantage, then the offense is likely to be considered criminal fraud. If a person or company made a mistake or were negligent in their actions, then it may be considered civil fraud. It is also important to note that many fraud violations can be both civil and criminal offenses, depending on the facts surrounding the case. In Delaware, the law requires proof beyond a reasonable doubt to convict someone of criminal fraud, while civil fraud requires proof beyond a preponderance of evidence.

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