Civil Theft and Fraud
At Thomas P. Howard, LLC, civil attorney Howard has litigated multiple claims of fraud, misrepresentation and civil theft.
For instance, attorney Howard recently obtained a judgment in the amount of $582,614 plus interest and legal fees on behalf of a client that suffered injuries arising from civil theft and fraudulent misrepresentations arising from a fraudulent investment scheme.
In order to establish a claim of fraud in Colorado, a plaintiff must show that (1) the defendant made a false representation of a material fact, knowing that representation to be false; (2) that the person to whom the representation was made was ignorant of the falsity; (3) that the representation was made with the intention that it be acted upon; and (4) that the reliance resulted in damage to the plaintiff. There is a three-year statute of limitations, which begins to run when the defrauded person has knowledge of facts which in the exercise of proper prudence and diligence would enable him to discover the fraud perpetrated against him.
A claim of civil theft is stated under Colorado law when a person knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and: (a) intends to deprive the other person permanently of the use or benefit of the thing of value; or (b) knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or (c) uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit; or (d) demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.” See Colorado Revised Statutes § 18-4-401.
If you need representation in a matter involving civil claims of fraud, misrepresentation or civil theft, please give us a call to discuss your case at (303) 665-9845, or e-mail us with a detailed description of your issue.