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What is fraud law?

Fraud law addresses issues with people wrongfully obtaining money, property, or other benefits by dishonesty. Fraud is considered a felony and can mean a conviction of one year or more years in jail. Other penalties can also include fines, victim reimbursement, and community service. If the case is heard in civil court, usually the plaintiff receives compensation in the form of money. Here are some key areas to be considered in fraud cases.

Fraudulent Intent – To prove the defendant has been fraudulent the victim’s lawyer has to prove that the defendant intended to defraud the victim. Most often fraud cases will not have direct evidence that the defendant had intent.

Common types of fraud crimes – The most common types of fraud cases heard in US courts are check and credit card fraud. Check fraud cases involve the defendant writing a check and the account not having sufficient funds, causing the check to bounce. Most often first time offenders will only have to pay a modest bank fee. However, repeat offenders can be convicted, resulting in jail time. Credit card fraud occurs when someone uses a person’s credit card to make a purchase. Often cards have been stolen, or the credit card number obtained when a purchase occurs. Other forms of fraud include counterfeiting, money laundering, prize fraud, investment schemes and mortgage scams. Nonfinancial fraud also includes romance schemes and identity theft. Each year more unique methods of fraud are developed, forcing new laws to be created.

 

Types of mediation

Construction mediation is a sensible option for some construction disputes, as it allows for parties to discuss issues and arrive at a solution in a shorter time compared to arbitration. Here are some of the types of mediation methods that can be used by organizations.

Facilitative mediation – This form of mediation, uses a neutral third party who guides the negotiation The facilitator will help parties overcome deadlocks and encourage creative solutions. The main focus of these facilitators is to ensure that parties are aware of their underlying interest and their real issues.

Evaluative mediation – Evaluative mediation will involve a mediator who analyses the facts of the case and provides his/her view on the merits of the case. However, parties may not be willing to agree with the recommendations

Settlement mediation – This form of mediation, focuses on reaching a compromise between parties. The mediator will review priorities, until parties reach a compromise.

Therapeutic/Transformative mediation – This form of mediator will look at the underlying causes of the dispute and look at ways to settle the issue as well as improve the relationship between the parties. The process encourages parties to vent their emotions to learn why certain requests are made. Although this form of mediation is mostly used in family and social disputes, they have also been used for construction disputes to help foster a healthy relationship between parties.

Lyle Charles offers a wide range of mediators that will assist construction organizations to overcome their disputes and reach favorable settlements.