fraud

fraud, in law, the deliberate misrepresentation of fact for the purpose of depriving someone of a valuable possession. Although fraud is sometimes a crime in itself, more often it is an element of crimes such as obtaining money by false pretense or by impersonation.

European legal codes and their derivatives often broadly define fraud to include not only intentional misrepresentations of fact, clearly designed to trick another into parting with valuable property, but also misunderstandings arising out of normal business transactions. Thus, any omission or concealment that is injurious to another or that allows a person to take unconscionable advantage of another may constitute criminal fraud. In Anglo-American legal systems, this latter type of fraud may be treated as deceit, subject to action in civil rather than criminal law.

A common type of criminal fraud is the obtaining of property by giving a check for which there are insufficient funds in the signer’s account. Another is the so-called confidence game (q.v.), which involves not only a misrepresentation of fact but also the betrayal of confidence induced by the offender in the victim. The fraud of impersonation is the false representation by one person that he is another or that he occupies the position of another. See also embezzlement; theft.