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)
- Miranda no
- Unreasonable search no
- Self incrimination - no
- (5th & 6th) Miranda yes
- (4th) Unreasonable search yes
- (5th) Self incrimination - yes
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
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.