Fraud and Conversion

Fraud and conversion are two types of business tort that deal with misrepresentation of facts, and the act of taking another entity’s money or property and converting it/fraudulently using it for one’s own interests (or the interests of a third party that does not have a right to the items). A fraudulent conversion occurs when one party assumes right of ownership over assets that belong to someone else.

To have a fraud or conversion claim, you must have proof that the defendant intended to defraud you, and took acts toward making it happen, such as illegally asserting ownership or taking another’s goods with wrongful intent. The lawyers at Butler Prather LLP, can help with these types of claims.

Types of Fraud

Fraud is one of the broadest categories of business torts. In general, the law defines “fraud” as any intentional misrepresentation of facts that one person knowingly makes to another, for the purpose of making a profit or personal gain from the victim’s damages. In business, fraud can take a variety of forms, including:

  • Embezzlement, or larceny. The illegal use of money by the person or entity in charge of controlling the funds.
  • Internal theft. The stealing or misuse of company assets, such as money or property.
  • Theft of trade secrets. Stealing intellectual property is a form of fraud that has increased since the advent of data and technology.
  • Healthcare fraud. The healthcare industry is at great risk of fraud due to how much money runs through its system. Healthcare fraud can involve a number of unlawful acts.

There are all kinds of fraud plaguing the business sphere today. You may suspect that your recent losses have something to do with someone else’s fraudulent activities, but you need evidence of fraud before you can make a claim. This might include emails, documents, records, or conversations with the alleged offender. Our attorneys can help you strengthen your claim in the Georgia civil courts.

Conversion Fraud

Fraudulent conversion occurs anytime one party converts goods or assets for its own use, while excluding the actual owner. Any unlawful taking or use of another entity’s property may be fraudulent conversion. The property must be personal, since one cannot “lose” real property. Conversion fraud deals with tangible goods, not intellectual property. Examples include money, objects, tools, materials, or receipts. Conversion can describe stolen goods or unauthorized use, such as a mechanic taking a customer’s vehicle for a joyride. Misuse of assets is also a form of conversion – for example, using a company printer to print non-work related items.

To have grounds to file a claim on the basis of fraudulent conversion, one must have proof of damages. The conversion must have cost the plaintiff financial losses, business harm, or personal damages. If someone stole something from you but brought it back without you suffering any harms, for example, you would not have the right to pursue compensation. You must have evidence of your losses. Conversion cases may involve trespassing, stealing, unauthorized possession, destroying or altering an item, embezzlement, appropriation, wrongful assumption, and a number of other legal theories.

Find out if you have a fraud or conversion case by speaking with a Georgia business tort attorney. The team at Butler Prather LLP has decades of experience handling complex business torts. We’ve successfully won settlements and verdicts for hundreds of clients, breaking records with some of our wins. View our case results. Our team can investigate your claim, tell you if we believe it has merit in the civil courts, and help you begin the process. We offer free consultations to get you started. Call (800) 242-2962 today.

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