What is the difference between civil fraud and statutory malfeasance?
Civil fraud and statutory malfeasance are two distinct types of legal wrong-doing that can occur in California. Civil fraud is a type of tort that occurs when someone has knowingly lied or misrepresented information, or deliberately withheld information, in order to cause a financial loss or gain a financial advantage. This can take the form of false advertising, breach of contract, financial cheating, or other forms of deceit. Common civil fraud remedies include restitution, damages, and injunctions. Statutory malfeasance is a more specific type of wrongdoing that occurs when someone knowingly or consistently violates a California state law or regulation. It is often associated with official misconduct, such as bribery, witness tampering, or other violations of public trust. Additionally, the California state legislature has enacted civil and criminal penalties for certain types of statutory malfeasance. Although both civil fraud and statutory malfeasance involve violations of law, the key difference between the two is that civil fraud involves intentional dishonesty or fraud while statutory malfeasance involves a knowing or continuous violation of state law or regulation. Additionally, civil fraud is a type of tort and remedies are restitution or damages, while statutory malfeasance can result in criminal or civil penalties.
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