Fraud Law in Georgia
Fraud law involves the fraudulent use of deception to obtain money, property, services or benefits from someone else. It is a criminal and civil wrong.
Federal and state laws penalize fraud, though not all cases result in a criminal trial. Prosecutors have discretion in deciding which cases to pursue.
Fraudulent Trading
Fraudulent trading is a serious offence that can result in a custodial sentence. It relates to carrying on the business of a company with intent to defraud creditors or for any fraudulent purpose.
Long term fraud involves companies that are set up for the sole purpose of defrauding creditors, mainly by making large orders for goods, but failing to pay the order or the debts. This can happen even if the company is legitimate.
This can lead to a lot of stress for the directors who have been charged with this offence. They can be disqualified from acting as a director and must pay fines, as well as be personally responsible for any debts.
This can be particularly stressful for junior staff who may be aware of these issues but feel unable to do anything about them. These are very complex areas of law, so it is important to seek expert legal advice on this matter.
Fraudulent Obtaining Services
Fraudulent obtaining services is a term used to describe any type of scheme designed to deprive someone of their property. It’s also known as “honest services fraud,” and it can include such things as schemes to scam government agencies.
A common example of fraudulent obtaining services is a rogue trader who submits inflated bills to customers for shoddy work, which essentially steals money from the victims. However, it is not always easy to prove that someone is engaged in fraudulent trading.
Other forms of fraudulent obtaining services include fraudulently using an access device. This includes things such as a chip and pin machine or a telephone line. It can also include communicating a misleading representation to a machine such as an ATM or a supermarket website. The offence is most often a misdemeanor, but can be a felony if the value of the goods and services obtained is worth more than $1,000 in a six-month period.
Fraudulent Obtaining Benefits
Fraudulent obtaining of unemployment insurance benefits is a serious crime that affects everyone. Help the Georgia Department of Labor (GDOL) ensure that your tax dollars are spent wisely and UI benefits only go to eligible individuals by reporting suspicious activity online or calling our fraud hotline.
GDOL is working to prevent and deter fraudulent obtaining of UI benefits through the collection of overpayments and a strong commitment to the integrity of the unemployment insurance program. Individuals who commit UI fraud are subject to criminal prosecution, fines and repayment of benefits.
Recently passed federal and state laws require mandatory penalties for claimants who knowingly commit UI fraud. These penalties can include repayment of benefits and forfeiture of future income tax refunds.
Fraudulent Obtaining Property
Fraudulent obtaining property is the crime of fraudulently taking another person’s possession by false representation. This can include theft, fraud of title and mortgage foreclosure fraud.
In most states, a person who fraudulently obtains property by misrepresentation may be charged with a felony. For example, a professional who “helps” people facing foreclosure can be charged with theft by false pretenses if she convinces a homeowner to sell their home and transfer ownership to her.
A lawyer can also be charged with fraudulently obtaining property if she misrepresents facts to a client or prospective client. This can include providing inaccurate financial documents or lying about assets.
Fraudulent obtaining property is one of the most common and dangerous forms of criminal offense. Prosecutors and judges take these types of crimes seriously. They will send you to jail if you commit them, regardless of the amount of stolen money. You need a skilled and experienced criminal defense attorney to help you.
