Fraud Attorney in Oklahoma
It is general human nature to feel as though others are potentially taking advantage of one’s good faith, and this concern has been furthered by the never-ending
stream of technological advances and avenues for abuse. While this is often an unfounded belief, the unfortunate reality is that there will always
be individuals who deceptively take advantage of their fellow man. Often times there is no amount of due-diligence one can perform to protect his or
her interests from fraudulent activity. That is why it necessary to employ a fraud attorney in these types of situations.
Fraud is generally defined as some deceitful practice or willful device, resorted to with the intent to deprive another of his right, or in some manner
to do him an injury. As such, fraud does not have to be in relation to some attempted monetary gain.
Oklahoma Fraud Definition
Fraud includes any act or omission that is intended to deceive another party in order to influence him or her. In addition, the influenced party must have reasonably relied on the fraud to his or her own detriment.
Fraud may consists of:
- A misrepresentation made by an individual with actual or constructive knowledge of the false nature of such misrepresentation;
- A misrepresentation made by an individual who has no reasonable basis in fact for the misrepresentation;
- An affirmative act of concealing something known to be true;
- A promise made by an individual who has no actual intention of performing such;
- Silence, or omission, in the face of a duty to disclose certain information; or
- Any other act or omission intended to deceive another.
The penalties for fraud in Oklahoma generally relate to the amount of money or property that is procured as a result of the fraudulent activity. Usually, if a Defendant is convicted of defrauding the victim of $500 or less, he or she will only receive a misdemeanor conviction and face up to one year in jail. If the amount is greater than $1,000, the conviction most likely will be a felony, and the defendant could face five years in prison, not to mention felony conviction consequences. Often times a condition of conviction of fraud will be that the Defendant must pay restitution to the victim.
Fraudulently Obtaining a Controlled Dangerous Substance (CDS)
It is possible to face "fraud" charges in relation to Oklahoma's CDS laws as well. In situations where an individual tries to use either a fake or forged prescription to obtain drugs from a pharmacy, he or she can be charges with a drug crime with very serious penalties and repercussions. This problem is becoming more and more prevalent in the midst of Oklahoma's prescription pill epidemic. To learn more about these charges and the potential punishment, please review our drug charges page.
If you or a loved one has been charged with fraud in Oklahoma, time is of the essence. You need an experienced Oklahoma criminal defense attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.