Would you like to protect your business from inherent risks of financial loss as a result of fraud? Would you like to learn your legal options when your institution deals with cheating, deception, or swindling? Have you ever thought about opening an investigation into your firm’s transactions but been put off due to the prospect of high expenses and fees? If you answered yes to any of the above questions, you have come to the right place. Statistics suggest a staggering percentage of fraudulent activities in companies linked to their employees, executives, and professionals with access to company transactions and finances. Without a lawyer or legal backing, it becomes challenging for such companies to take a firm stand and prove their suspicions.
The Law Offices of Nicholas D. Heimlich is a San Jose corporate theft attorney and has a record of success in protecting businesses’ interests and rights in litigation involving fraudulent activities. Through carefully planned documents, dedicated representation, and relentless pursuit of facts and evidence, our law firm will work diligently with its clients to expose the deceit and guide them through relevant pathways to facilitate recovery of their losses.
Examples of Fraud
According to the dictionary, the term ‘fraud’ is defined as the intentional deception of another individual or entity for personal gain that may harm the individual or group (financial or otherwise). Fraud comes in many forms, including but not limited to falsified financial documents, corruption, bribery, internal theft, and other such adverse outcomes. Fraud may also be in the form of misrepresentation, stealing of trade secrets, and theft of other’s intellectual property, whether they are tangible or not.
A few common examples of business fraud include:
Embezzlement – Embezzlement is a form of business fraud that involves the theft of property or money and is carried out by an individual(s) within a business. Employees usually commit embezzlement in a position of trust or access to business accounting and assets. It is considered a breach of fiduciary duty when committed by an Officer, Director, or Partner.
Payoffs and Kickbacks – Employees accepting bribes, gains, or kickbacks in exchange for influencing the company’s decision concerning doing business with a targeted party is another form of business fraud. Individuals committing such frauds see corporate contracts as a lucrative way to make money, especially when a great deal of money is on the line. The law also prohibits anyone working for their companies to directly or indirectly receive favors in gifts, fees, or unusual payments.
Theft of Trade Secrets – A trade secret is a broad term that includes formula, program device, pattern, plan, code, technique, or any kind of confidential information that, once released and used by a competitor could harm the company. These trade secrets are often accessible to partners, employees, officers, and shareholders in a business. The trade secret is said to be stolen, misappropriated, or compromised when stolen by the individuals noted above.
Elements of Proving Fraud
Proving fraud needs meticulous planning and attention to detail. A claim can only prevail if several elements, such as those mentioned below, are established in court
- The defendant made a material representation
- The material representation was untrue
- The defendant was aware of the representation’s illegitimacy yet deliberately represented without pursuing the truth.
- The representative was made to act upon it.
- The plaintiff acted upon the representation
- The plaintiff suffered losses or damages as a result.
They prove all fraud elements for a thorough investigation followed by a downright presentation of facts and evidence. It also involves focusing on the defendant’s subsequent actions after the material facts were produced. Our San Jose corporate theft attorney can help plaintiffs recover their actual losses and damages – the direct results of the defendant’s fraudulent activities.
Take a Stand Against Fraud
The Law Offices of Nicholas D Heimlich has the necessary tools and resources to help you protect your rights. Through comprehensive policies and agreements, we represent your business and protect its trade secrets and intellectual property as well. If you are looking for a San Jose corporate theft attorney to discuss a potential case involving fraud, theft, or other illegal activities, contact us right away!