Pleading and Proving Fraud in a Civil Claim or Counterclaim
Fraud claims and their cousins, misrepresentation and nondisclosure, come in all shapes and sizes. Sometimes the evidence of fraud is so strong that it dominates the litigation, and in other situations, fraud or nondisclosure is pleaded as a counterclaim or defense to an otherwise unremarkable breach of contract action.
The facts supporting a claim of fraud can be as complex as necessary to swindle banks or multinational corporations, or as simple as a series of lies to a longtime business associate in a partnership or small company. The trial attorneys of Grumer & Macaluso, P.A., are experienced with the evidentiary and practical challenges raised by fraud claims in either situation and everything in between. Contact us in Fort Lauderdale to learn more about this aspect of our civil litigation practice.
South Florida Fraud Litigation Attorneys: Call 888-587-5549
We represent local, national and international clients in the pursuit or defense of civil fraud or misrepresentation claims in a wide variety of circumstances:
- Purchase or sale of a business, business assets, or controlling interest in a company
- Investment fraud ranging from classic Ponzi schemes to material misrepresentation or nondisclosure in franchise agreements
- Embezzlement, defalcation, misappropriation of business opportunities, and similar misconduct within a corporation or partnership of any size
- Real estate fraud
- Mortgage fraud
- Accounting fraud
- Misconduct in a fiduciary capacity, whether in a corporate position or in relation to trust or estate administration
In most situations, and unlike most other civil claims, allegations of fraud must be pleaded with particularity under the rules of civil procedure. In other words, detailed evidence of the fraud or dishonest conduct needs to be recited in the complaint or counterclaim.
Because such evidence might not appear until discovery is underway in the original civil action, fraud is often pleaded as an amended count to a complaint or in a counterclaim or third-party action. Our lawyers have seen many cases in which the fraud counts developed as the litigation goes on eventually overwhelm an original contract claim.
Our experience and attention to detail in the evaluating the evidence of fraud and our strategies for pursuing and recovering lost assets can make a significant difference to the outcome of a case at any scale of complexity or dollar amount. Contact Grumer & Macaluso, P.A., in Fort Lauderdale to learn more about your legal options.
