What is the difference between civil fraud and statutory malfeasance?

Civil fraud and statutory malfeasance are two different types of legal issues that can arise in West Virginia. Civil fraud is when someone intentionally misrepresents something to deceive another person or entity in order to gain some sort of advantage. It is usually done to get money or assets, but can also involve other types of fraud, such as identity theft. Statutory malfeasance, on the other hand, is when someone breaks a law in order to gain a personal benefit or to avoid responsibility for a crime. The primary difference between civil fraud and statutory malfeasance is that civil fraud is deceitful, while statutory malfeasance is a crime. Civil fraud cases are usually handled in civil court, with civil penalties, such as fines or restitution, handed out to the person or entity responsible for the fraud. Statutory malfeasance, however, is a criminal offense, and those found guilty of this offense can face jail time and/or steep fines. Additionally, while civil fraud does not carry with it a jail sentence, it can lead to an injunction, which is an order from a court that requires a person or entity to stop an action that is deemed to be fraudulent or illegal. Statutory malfeasance, on the other hand, could be charged with an array of criminal charges including felony and misdemeanor offenses, with stronger punishments, including time in prison or jail. Overall, civil fraud and statutory malfeasance are two distinct types of legal issues in West Virginia. Civil fraud involves intentional misrepresentation in order to gain an advantage, while statutory malfeasance involves breaking a law in order to gain a personal benefit or avoid punishment for a crime. Different consequences, such as fines or jail time, could result depending on which type of offense is involved.

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