Civil versus Criminal Fraud

Burden of proof

Civil – Preponderance of the evidence

Criminal – Beyond a reasonable doubt

Constitutional protections (see Constitutional Amendments Relative to Fraud Investigations)

Civil:

Criminal:

Note: above applies generally to constitutional issues relating to admissibility of evidence, not to civil law rights that can give rise to civil litigation. (see Employees' Rights During Civil Fraud Examinations)

Investigating and prosecuting parties

Civil – Individuals, organizations, sometimes government

Criminal – Government

Punishment

Civil – Monetary damages, injunctions

Criminal – Up to imprisonment

The above is a very brief, general overview. Many different factors in individual cases can result in different outcomes. Consult an attorney regarding your particular circumstances. 

Copyright 2000 Raymond S. Kulzick. All rights reserved. 000710.

This publication provides business, financial planning, and/or tax information to our clients. All material is for general information only and should not be acted upon without seeking appropriate professional assistance.

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Copyright 2000 Kulzick Associates, PA - Last modified: September 13, 2008