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Can criminal fraud exist without damages?

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3

If I fraud someone, invest their money and pay it back is there any criminal offense? Does fraud require damages? Will most judges realistically treat this a criminal case?

united-states fraud

share|improve this question

edited 1 min ago

A. K.

1,3921127

asked 4 hours ago

user24954user24954

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• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  If you rob a bank, spend the money, win the lottery and pay it back, is it still a crime?
  
  – Ron Beyer
  4 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @RonBeyer your case is different, because the robber has not committed fraud, but theft. And yes, it would still be a crime, even if you pay the money back later.
  
  – Shazamo Morebucks
  3 hours ago
  

  
  
  
  

add a comment | 

3

If I fraud someone, invest their money and pay it back is there any criminal offense? Does fraud require damages? Will most judges realistically treat this a criminal case?

united-states fraud

share|improve this question

edited 1 min ago

A. K.

1,3921127

asked 4 hours ago

user24954user24954

182

New contributor

user24954 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  If you rob a bank, spend the money, win the lottery and pay it back, is it still a crime?
  
  – Ron Beyer
  4 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @RonBeyer your case is different, because the robber has not committed fraud, but theft. And yes, it would still be a crime, even if you pay the money back later.
  
  – Shazamo Morebucks
  3 hours ago
  

  
  
  
  

add a comment | 

If I fraud someone, invest their money and pay it back is there any criminal offense? Does fraud require damages? Will most judges realistically treat this a criminal case?

united-states fraud

share|improve this question

edited 1 min ago

A. K.

1,3921127

asked 4 hours ago

user24954user24954

182

New contributor

user24954 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

share|improve this question

edited 1 min ago

A. K.

1,3921127

asked 4 hours ago

user24954user24954

182

New contributor

user24954 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

share|improve this question

edited 1 min ago

A. K.

1,3921127

asked 4 hours ago

user24954user24954

182

New contributor

user24954 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

edited 1 min ago

A. K.

1,3921127

edited 1 min ago

A. K.

1,3921127

asked 4 hours ago

user24954user24954

182

New contributor

user24954 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

asked 4 hours ago

user24954user24954

182

2 Answers
2

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7

If a person is wrongfully deprived of money (or something else of value) for a period, that is damage, even if the money is later repaid. The victim might have used the money in some profitable or advantageous way during the period when it was taken. But the victim need not prove exactly how s/he might have profited, it is enough to show that the victim was wrongfully deprived of something of value.

Of course, there are other elements to fraud. There must have been a lie or deception, on which the victim reasonably relied. There must have been intent that the victim so relay. The deception must have been material and must have directly caused or led to the damage.

But assuming that all the elements of fraud are proved, restitution, even full restitution with interest, does not excuse the fraud.

However, as a practical matter, if offered full restitution on condition of a release or an agreement not to prosecute, many victims will choose to take it, preferring their money back, perhaps with interest, to a legal case, even a winning one.

share|improve this answer

edited 47 mins ago

answered 3 hours ago

David SiegelDavid Siegel

14.7k3058

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Would the deception be material if there was no cost?
  
  – user24954
  58 mins ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @user24954 "material" in this context usually means that the deception influenced the decision, or that it might have influenced the decision of a reasonable person. "caused or led to the damage" is also an element of fraud, and if there was no damage there was no fraud (possilby attempted fraud). But a cost later repaid is not "no damage".
  
  – David Siegel
  51 mins ago
  

  
  
  
  

add a comment | 

3

You say "criminal fraud", if you mean exactly that, then no, returning the money, or offering even more money, will not be a defense.

You committed a crime and can be convicted for it even if you gave back more money than the complainant had "lost".

There may be a case for if someone initiated civil proceedings against you on the basis of fraud, since you can simply pay whatever damages that person may seek, and settle the claim.

share|improve this answer

answered 3 hours ago

Shazamo MorebucksShazamo Morebucks

3,0121827

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  But note that fraud may entitle the victim to triple damages, or other damages beyond simple restitution, so the damages the victim may seek might not be the same as the original loss.
  
  – David Siegel
  48 mins ago
  

  
  
  
  

add a comment | 

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7

If a person is wrongfully deprived of money (or something else of value) for a period, that is damage, even if the money is later repaid. The victim might have used the money in some profitable or advantageous way during the period when it was taken. But the victim need not prove exactly how s/he might have profited, it is enough to show that the victim was wrongfully deprived of something of value.

Of course, there are other elements to fraud. There must have been a lie or deception, on which the victim reasonably relied. There must have been intent that the victim so relay. The deception must have been material and must have directly caused or led to the damage.

But assuming that all the elements of fraud are proved, restitution, even full restitution with interest, does not excuse the fraud.

However, as a practical matter, if offered full restitution on condition of a release or an agreement not to prosecute, many victims will choose to take it, preferring their money back, perhaps with interest, to a legal case, even a winning one.

share|improve this answer

edited 47 mins ago

answered 3 hours ago

David SiegelDavid Siegel

14.7k3058

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Would the deception be material if there was no cost?
  
  – user24954
  58 mins ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @user24954 "material" in this context usually means that the deception influenced the decision, or that it might have influenced the decision of a reasonable person. "caused or led to the damage" is also an element of fraud, and if there was no damage there was no fraud (possilby attempted fraud). But a cost later repaid is not "no damage".
  
  – David Siegel
  51 mins ago
  

  
  
  
  

add a comment | 

7

If a person is wrongfully deprived of money (or something else of value) for a period, that is damage, even if the money is later repaid. The victim might have used the money in some profitable or advantageous way during the period when it was taken. But the victim need not prove exactly how s/he might have profited, it is enough to show that the victim was wrongfully deprived of something of value.

Of course, there are other elements to fraud. There must have been a lie or deception, on which the victim reasonably relied. There must have been intent that the victim so relay. The deception must have been material and must have directly caused or led to the damage.

But assuming that all the elements of fraud are proved, restitution, even full restitution with interest, does not excuse the fraud.

However, as a practical matter, if offered full restitution on condition of a release or an agreement not to prosecute, many victims will choose to take it, preferring their money back, perhaps with interest, to a legal case, even a winning one.

share|improve this answer

edited 47 mins ago

answered 3 hours ago

David SiegelDavid Siegel

14.7k3058

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Would the deception be material if there was no cost?
  
  – user24954
  58 mins ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @user24954 "material" in this context usually means that the deception influenced the decision, or that it might have influenced the decision of a reasonable person. "caused or led to the damage" is also an element of fraud, and if there was no damage there was no fraud (possilby attempted fraud). But a cost later repaid is not "no damage".
  
  – David Siegel
  51 mins ago
  

  
  
  
  

add a comment | 

If a person is wrongfully deprived of money (or something else of value) for a period, that is damage, even if the money is later repaid. The victim might have used the money in some profitable or advantageous way during the period when it was taken. But the victim need not prove exactly how s/he might have profited, it is enough to show that the victim was wrongfully deprived of something of value.

Of course, there are other elements to fraud. There must have been a lie or deception, on which the victim reasonably relied. There must have been intent that the victim so relay. The deception must have been material and must have directly caused or led to the damage.

But assuming that all the elements of fraud are proved, restitution, even full restitution with interest, does not excuse the fraud.

However, as a practical matter, if offered full restitution on condition of a release or an agreement not to prosecute, many victims will choose to take it, preferring their money back, perhaps with interest, to a legal case, even a winning one.

share|improve this answer

edited 47 mins ago

answered 3 hours ago

David SiegelDavid Siegel

14.7k3058

share|improve this answer

edited 47 mins ago

answered 3 hours ago

David SiegelDavid Siegel

14.7k3058

answered 3 hours ago

David SiegelDavid Siegel

14.7k3058

answered 3 hours ago

David SiegelDavid Siegel

14.7k3058

3

You say "criminal fraud", if you mean exactly that, then no, returning the money, or offering even more money, will not be a defense.

You committed a crime and can be convicted for it even if you gave back more money than the complainant had "lost".

There may be a case for if someone initiated civil proceedings against you on the basis of fraud, since you can simply pay whatever damages that person may seek, and settle the claim.

share|improve this answer

answered 3 hours ago

Shazamo MorebucksShazamo Morebucks

3,0121827

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  But note that fraud may entitle the victim to triple damages, or other damages beyond simple restitution, so the damages the victim may seek might not be the same as the original loss.
  
  – David Siegel
  48 mins ago
  

  
  
  
  

add a comment | 

3

You say "criminal fraud", if you mean exactly that, then no, returning the money, or offering even more money, will not be a defense.

You committed a crime and can be convicted for it even if you gave back more money than the complainant had "lost".

There may be a case for if someone initiated civil proceedings against you on the basis of fraud, since you can simply pay whatever damages that person may seek, and settle the claim.

share|improve this answer

answered 3 hours ago

Shazamo MorebucksShazamo Morebucks

3,0121827

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  But note that fraud may entitle the victim to triple damages, or other damages beyond simple restitution, so the damages the victim may seek might not be the same as the original loss.
  
  – David Siegel
  48 mins ago
  

  
  
  
  

add a comment | 

You say "criminal fraud", if you mean exactly that, then no, returning the money, or offering even more money, will not be a defense.

You committed a crime and can be convicted for it even if you gave back more money than the complainant had "lost".

There may be a case for if someone initiated civil proceedings against you on the basis of fraud, since you can simply pay whatever damages that person may seek, and settle the claim.

share|improve this answer

answered 3 hours ago

Shazamo MorebucksShazamo Morebucks

3,0121827

share|improve this answer

answered 3 hours ago

Shazamo MorebucksShazamo Morebucks

3,0121827

answered 3 hours ago

Shazamo MorebucksShazamo Morebucks

3,0121827

answered 3 hours ago

Shazamo MorebucksShazamo Morebucks

3,0121827