Atlanta Business Fraud Attorney
The elements of fraud are: (1) a false representation of fact; (2) made by another; (3) with knowledge that the representation was false when it was made; (4) with the intent to induce the plaintiff to act or refrain from acting in reliance on the representation; and (5) damage to the plaintiff as a result of the reliance. Business fraud is rampant in our society and Georgia courts recognize many different types of fraud.
A victim of fraud may bring an action under Georgia tort law against the fraudulent party or anyone else who unlawfully benefits from the fraud. To this end, there is a cause of action in Georgia that seeks to undue fraudulent transfers of assets. The party injured by the fraud is entitled to recover compensatory damages, expenses incurred because of the fraud and, when aggravating circumstance are present, punitive damages. Georgia law allows the recovery of punitive damages if it is proven by clear and convincing evidence that the defendant's actions showed fraud. The reason the law awards punitive damages is not to compensate the injured party (as this is the purpose of compensatory damages) but rather to punish and deter the fraudulent party from committing similar acts in the future.
The element of damages is especially important in fraud cases. As the Georgia courts have stated in many different ways: "Fraud without damage, or damage without fraud, gives no cause of action, but when these two concur, an action lies." Nominal (e.g., insignificant) damages will not support a claim for fraud. However, if you have been lied to or mislead and have suffered substantial damages, you should seek out a qualified business attorney to evaluate your case.
Robert J. Fleming is an experienced Atlanta business trial lawyer. In addition to a law degree, Mr. Fleming has earned an MBA in finance, has acted as general counsel to a number of businesses, and has a successful business background. This unique set of experiences and skills has enabled Mr. Fleming to achieve record successes for his business clients.
If you would like to discuss your case with us, please call Robert J. Fleming at (404) 525-5150 or contact us online. We are here to help.