What is the difference between civil and criminal fraud?
The difference between civil and criminal fraud in Florida is significant. Civil fraud is a type of fraud that involves an individual or business seeking an unjustified financial gain through intentional deception. It does not involve an element of criminal intent and does not necessarily require a criminal prosecution to be successfully litigated. In a civil fraud case, an individual or business brings a claim against the party responsible for the fraud, and if the court finds the defendant liable, financial compensation (usually in the form of monetary damages) is awarded to the plaintiff. On the other hand, criminal fraud is a type of fraud that involves a defendant’s intentional deceit or misrepresentation to a victim that results in a financial loss or harm to the victim. This intent to deceive is considered a crime and can result in jail time and/or fines if the defendant is found guilty. There are several types of criminal fraud in Florida, including credit card fraud, identity theft, insurance fraud and securities fraud. The two types of fraud are distinct and carry very different penalties and repercussions. Civil fraud cases are usually handled in civil court, while criminal fraud cases are handled in criminal court. To successfully prosecute a defendant of civil or criminal fraud in Florida, a prosecutor must be able to prove all the elements of a fraud charge beyond a reasonable doubt.
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