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Fraud

Fraud
DEFINITION
Fraud is a false representation of a matter of fact, by false or misleading information, or by concealing information of what should have been disclosed.  Fraud is an action that deceives and is intended to deceive another so that the individual or company by knowingly supplying false information.

Fraud must be proved by showing that the defendant's actions involved five separate elements:
(1) a false statement of a material fact
(2) knowledge on the part of the defendant that the statement is untrue
(3) intent on the part of the defendant to deceive the alleged victim
(4) justifiable reliance by the alleged victim on the statement
(5) injury to the alleged victim as a result
The defendant must know that the statement is untrue. A statement of fact that is simply mistaken is not fraudulent. To be fraudulent, a false statement must be made with intent to deceive the victim.  Knowingly giving false information to a Incorporator or Organizer if fraud.

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