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Learn About Business Fraud

May 27, 2021

learn about business fraud in san jose

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!

Call Today To Schedule Your Appointment

C O Lee Boyce Jr
C O Lee Boyce Jr
1708187295
Nick provided me sage advice with my issue. He was efficient, thoughtful, and good natured about the whole process.
David Duckworth
David Duckworth
1700157726
I recently received legal advice from Nick and he was very professional and easy to talk to. He gave us great advice and I would definitely use him again if needed. Thank you Nick!
Rebecca Bauer
Rebecca Bauer
1695770332
Nick was excellent! Very knowledgeable, asks great questions, and quickly understood the situation and was able to give great advice. I so appreciated his time, insight, and expertise in assisting with our situation. Highly recommend!
Charles Chen
Charles Chen
1694420630
Mr. Heimlich has been very responsive to my case and provided extraordinarily useful advice. Thank you!
Mario Cassara
Mario Cassara
1685657082
Nick Heimlich was very professional and knowledgeable in my case. He left a lot of the worrisome I had in my case to the expert and was very good at what he does. I will recommend Nick to anyone who needs council!Much appreciative,Mario
Taryn Harada
Taryn Harada
1682283989
This was the first time ever needing a lawyer for something, I was a bit frantic and overwhelmed with everything going on, but Nick and his team were very professional and honest, and made me feel at ease about my case. They were even professional and cool with the opposing attorney even though she was being unprofessional at times. In the end, they were able to settle my case and bring me a satisfying outcome. If you're ever in a bind and need a business lawyer, I highly recommend Nick and his team.
Jay Kamdar
Jay Kamdar
1677112007
I am an officer at a company that provides B2B Demand Generation services to marketing and sales. Over a number of years, I've worked with Nick Heimlich for legal services. He has advised me well and helped to represent the company in multiple legal disputes including in Court. I am very satisfied with his work and highly recommend him.
Rami Gideoni
Rami Gideoni
1671573652
I needed some legal consultation and per recommendation I received, I have approached Nicholas. He got back to me quickly and provided great service, he was patient, professional and knowledgeable. His advise is much appreciated, it cleared the situation, draw the next steps to follow and placed my mind to peace .I would definitely recommend his service.
I A
I A
1668466596
Nick answered all of my questions with direct and concise answers to my situation. Thank you!
Abe Honest
Abe Honest
1659056852
Mr Heimlich was very professional kind and knowledgeable when I give him a call. I was calling to hire an attorney for an tenant and landlord dispute. I had a particular issue that Mr Heimlich took time to completely listen to me. unfortunately the area I needed help was not an area that Mr Nick practiced. but he was not hesitant to give me some leads and direct me to the right place. he's a man of character and cares about what he does, I can only imagine his level of excellence in his area of expertise. he's a man of great character and I would recommend him for anyone to give him a call and talk to him. thank you very much Nick. thank you for caring .
Tilo S
Tilo S
1645581772
Nick was very helpful when I needed legal advice.Thank you!
Bay Small Moves
Bay Small Moves
1627662780
M C
M C
1567630884
I entered into a membership contract that had unreasonable cancellation requirements. I went to Nick through my company’s employee assistance program. Nick did thorough research and found that the contract term exceeded term limits allowed by California law. As a result, I was able to cancel the contract without any penalty. I was very satisfied with the outcome.
Brandon Lowry
Brandon Lowry
1560660818
Great attorney who listens to what you say and provides insight and guidance for your problem. Nick is extremely patient and will fight hard for you. He will also tell you the truth whether you have a case or not so you do not waste your money. Hard to find honesty nowadays.
Andyn79 Nguyen
Andyn79 Nguyen
1559407271
He wasn't able to take me as a client but had about 10 mins so he told me tell me and just from that i was able to be clear and did win from really dishonest people. So i am thank you telling the truth gets it's own reward
Mark Brown
Mark Brown
1557175715
Nick was very helpful when I needed assistance dissolving an LLC. Not only did he create the appropriate documentation, but he educated me on the process. His guidance was invaluable, and everything resolved smoothly. I would certainly use his services again in the future.
Bonnie Nevitt
Bonnie Nevitt
1477002289
My family cannot thank Nick enough. We needed a business litigation attorney for a lawsuit that was going to trial, he not only took the time to understand the complexities of the case but was able to convey that to the judge. He was able to get us amazing results. Hands down the best attorney we have ever worked with.
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