What is the difference between a civil and a criminal charge of fraud?

The difference between a civil and criminal charge of fraud in Washington is significant. A civil charge of fraud is typically pursued by a private individual or organization seeking monetary damages. In contrast, a criminal charge of fraud is pursued by a prosecuting attorney, on behalf of the state, to seek a criminal penalty such as a fine or imprisonment. When a civil charge of fraud is filed, the plaintiff (the person filing the charge) is typically attempting to recover financial losses incurred due to the defendant’s alleged fraudulent activities. The plaintiff must prove their case using a “preponderance of evidence,” meaning that the plaintiff must have more evidence supporting their case than the defendant has evidence opposing it. In a criminal charge of fraud, the State must prove that the defendant committed the alleged fraud “beyond a reasonable doubt.” This means that the State must present extremely convincing evidence that the defendant committed fraud in order to secure a conviction. Additionally, in a criminal case of fraud, the defendant may face jail time, fines and/or restitution to be paid to the alleged victim. If the defendant is found not guilty, they may still be responsible for legal costs and attorney fees, depending on the outcome of the civil case. In summary, the difference between a civil charge and a criminal charge in Washington is based on the burden of proof and whether financial damages or criminal punishment are sought. A civil charge of fraud is brought by an individual or organization looking to recoup financial damages, while a criminal charge of fraud is brought by the State, seeking to hold the defendant accountable for their actions.

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What is the difference between a civil and a criminal charge of fraud?

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