What is the difference between civil fraud and criminal fraud statutes?
The difference between civil fraud and criminal fraud statutes is that civil fraud laws are designed to protect one person or entity from another, while criminal fraud laws are designed to protect society as a whole. Civil fraud is any type of intentional deception or misrepresentation meant to harm another person or entity. This type of fraud involves an individual attempting to gain something of value or advantage unfairly. In California, the burden of proof to show civil fraud is typically lower than in criminal fraud cases, meaning the plaintiff does not have to show the accused acted with the same degree of intent that is required in criminal cases. Criminal fraud is a type of felony offense in which the accused attempts to dishonestly obtain something of value or advantage by deceiving or misleading another person or entity. This type of fraud is most often classified as a crime and punishable by prison time, fines, or both. In California, criminal fraud laws are harsher than civil fraud laws and require the accused to have committed an intentional act with the intent to defraud in order to be convicted. Overall, civil fraud laws and criminal fraud laws are similar in that they both involve the intentional act of deceiving or misleading another in order to gain something of value or advantage. The primary difference is that civil laws are designed to protect one person or entity from another, while criminal laws are designed to protect society as a whole.
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