Miami Fraud Lawyer for Fraud Litigation
Most businesses operate with integrity and legitimacy to protect their reputation and the company in future transactions. Unfortunately, some enterprises engage in fraud at the expense of other businesses and individuals which causes some unfortunate suffering. If your business has suffered from fraudulent misrepresentations, fraudulent inducement, embezzlement, larceny, theft, conspiracy, bribery, or any other type of fraudulent or unlawful activity, a Miami fraud lawyer can help protect your company and give you the best chance of a favorable outcome.
What is Commercial Fraud Litigation According to A Miami Fraud Lawyer?
Commercial fraud litigation involves any type of fraud suffered by a business or suffered by an individual that was defrauded by a business. Typically, fraud involves a misrepresentation that was reasonably relied upon, which causes someone to enter into a transaction or undertake some activity that causes damage to an individual or business. Companies and organizations engaging in business transactions are governed by certain laws that are intended to ensure business dealings are conducted in good faith and that misrepresentations are minimized. If you were involved in a transaction which resulted in losses stemming from a misstatement or misrepresentation of fact made during the course of the transaction you may have a claim for fraud under Florida law.
Types of Commercial Fraud Litigation A Miami Fraud Lawyer Can Help You With
When a business or individual has been victimized by another business or individual that engaged in unfair methods of competition or deceptive, unconscionable, or unfair acts or practices in the conduct of commerce or trade, fraud may have occurred, and you should consult with a Miami fraud lawyer to assess your rights. There are many different types of commercial fraud cases that are heard in Florida’s business courts every year. Some of the most common types of disputes involving fraud are as follows:
Fraud In the Inducement
Fraud in the inducement involves making false or misleading statements to cause another party to enter into a binding agreement. To have a claim for fraudulent inducement, a party must be able to demonstrate that it relied on a false or misleading statement when deciding to enter into the contract. While “Integration” clauses in commercial contracts typically bar parties from citing pre-contract statements as a defense against enforcement, the fraudulent inducement doctrine provides an exception in appropriate cases.
Fraudulent misrepresentation claims are similar to fraudulent inducement claims, but they are not restricted to cases involving false and misleading statements made prior to contract execution. If a party to a contract makes a false or misleading statement in an effort to avoid an obligation to perform or being held in default, for example, then the counterparty can hire a Miami fraud lawyer to pursue a claim for damages or equitable remedies.
While fraudulent misrepresentation claims generally require evidence that the defrauding party knowingly made a false or misleading statement, knowledge of falsity is not necessarily required in all cases. Negligent misrepresentation claims are based not on a party’s knowledge (or constructive knowledge), but rather on the party’s breach of a duty of care to avoid material misstatements or omissions.
Fraudulent Transfers and Conveyances
Fraudulent transfers and conveyances can give rise to creditor claims in bankruptcy. Under the U.S. Bankruptcy Code, bankruptcy debtors (and debtors that are at risk for bankruptcy) are prohibited from conducting transactions that are intended to, or, in some cases, that have the effect of depriving creditors of opportunities to recover funds or other assets through the bankruptcy process. While it can be difficult to unwind fraudulent conveyances in some cases, our lawyers have significant experience helping creditors recover fraudulently transferred assets in Chapter 7 and Chapter 11 bankruptcies.
Deceptive and Unfair Trade Practices
State and federal laws prohibit businesses and individuals from engaging in deceptive and unfair trade practices. These practices can take a variety of forms, from false claims about the effectiveness of a company’s products or services to misleading statements or omissions in a company’s marketing materials. Generally, to give rise to a deceptive or unfair trade practices claim, a company’s false or misleading statement or omission must be material to a consumer’s or business’s decision to do business with the company.
Along with deceptive and unfair trade practices claims, we also represent companies in cases involving other allegations of consumer fraud. These allegations can take many different forms, and, given the potential for multi-plaintiff or class action litigation, companies must be prepared to defend against consumers’ fraud claims by all means available. At Edelboim Lieberman, we have significant experience defending companies against consumer fraud claims in Miami and across Florida.
Embezzlement, Larceny, and Civil Theft
We also have significant experience representing companies in cases involving allegations of embezzlement, larceny, and civil theft. These cases often present unique challenges, and time will often be of the essence. If your company is dealing with suspected embezzlement, larceny or civil theft, a Miami fraud lawyer at Edelboim Lieberman can oversee a comprehensive and privileged internal investigation, and we can take all necessary legal action to protect your company and preserve its options for recovery.
Any type of commercial entity, business organization, or other company that has become the victim of fraudulent activity should immediately consult with a Miami fraud attorney to understand their rights and obligations.
Turn to a Miami Fraud Lawyer at Edelboim Lieberman
Fraud can be devastating to individuals and businesses, which is why it is so important to work with a Miami fraud lawyer as soon as a fraud has been uncovered. At Edelboim Lieberman, our seasoned Miami fraud attorneys can help you recover the damages you deserve and will always work in the best interests of you and your business. Call us today at (305) 768-9909 or fill out our online form to schedule a consultation and learn more about how we can help with your case.