What is the difference between civil and criminal fraud?

The difference between civil and criminal fraud in North Carolina is the legal consequences and the burden of proof. Civil fraud occurs when a person or business deliberately misrepresents information or takes money from a person or company, usually with the intention to cause harm or financial loss. A civil fraud case is initiated by a private individual or business filing a lawsuit against another individual or business. The burden of proof in a civil fraud case is by a preponderance of evidence, meaning that the plaintiff must demonstrate that the defendant committed fraud more likely than not. The consequences for civil fraud may include financial penalties, including returned funds, legal costs, and punitive damages. In comparison, criminal fraud involves intentional deception or misrepresentation for the purpose of personal gain. Unlike civil fraud, criminal fraud is prosecuted by the government and the burden of proof is much higher, requiring proof beyond a reasonable doubt. The consequences for criminal fraud are more serious, and may include fines, restitution, probation, and/or imprisonment, depending on the circumstances and severity of the offense. In North Carolina, some forms of fraud are actions that can be prosecuted under either criminal or civil law. However, in most cases, the decision to take civil or criminal action will be determined by the prosecuting officer.

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