Commercial and employment disputes are inevitable and often troublesome, but business fraud disputes pose a serious risk not only to your bottom line but to your business itself. If your enterprise is located in Miami or anywhere in South Florida, contact a skilled attorney at Perez Mayoral, P.A. who could review business and commercial transactions and identify areas of business fraud.
What Our Miami Business Fraud Attorneys Can Do for You
We have extensive experience negotiating and litigating business fraud so we are adept at:
- Conducting a full investigation
- Identifying and interviewing witnesses to corroborate your story
- Researching any relevant legal precedents
- Ensuring your confidentiality is protected
- Working closely with financial experts to establish facts with precision
- Crafting a strategy to help win your case
Most importantly, we will fight vigorously to prove your claims through negotiation or at trial.
Whichever Side You’re On, We’re on Your Side
Above all, we are committed to either: [1] holding the responsible party accountable for their wrongdoing and obtaining the damages you deserve or [2] protecting you from unfair prosecution if you have been falsely accused of fraudulent activity in a Miami commercial transaction.
Understanding What Business Fraud Entails
Business fraud is defined as engaging in deceptive acts that cause damage to a commercial enterprise for the purposes of obtaining a benefit, such as money or a competitive advantage. To prove a case, the acts of commission, omission, or deception that occurred must have been intentional. In Miami, this often happens through commercial transactions.
Proving intention can be very tricky which is why it takes a savvy South Florida commercial law attorney with strong persuasive skills to represent you. Our experienced law practice has a well-earned reputation for successfully prosecuting and defending business fraud claims in both federal and state courts, through our adept knowledge of commercial law.
Proving Elements of Business Fraud
To prove that business fraud has been committed, it must be established that:
- The defendant intentionally made a false statement concerning a material fact
- The defendant knew or should have known the statement was false
- The defendant intended that the plaintiff would rely on the false statement
- The plaintiff relied on the false statement and therefore suffered damages
It is important to note that the verdict may go against the defendant even if the plaintiff could have, through a more thorough investigation, recognized the information provided was false. On the other hand, the defendant will not be held liable if it can be proved that the plaintiff was aware that the information being supplied was false.
The Difference Between Fraud and Negligent Misrepresentation
Though civil action may be taken against a party who is guilty of either fraud or negligent misrepresentation, the two are not identical. Nonetheless, the difference between them is a slippery one. Basically, if the offender knew that the representation was false and acted with malicious intent, the conduct will be deemed fraudulent misrepresentation. If the defendant was unaware or uncertain that the representation was false, the conduct will likely be deemed negligent misrepresentation.
Who are the opposing parties in business fraud disputes?
Business fraud, also known as commercial fraud, deals with fraudulent claims in commercial transactions. Such transactions may occur between:
- Two businesses
- A business and a government entity
- A business and a consumer, customer, or client
- An employer and an employee (in some cases)
Business litigation attorneys, like those at Perez Mayoral, handle most types of fraud related to commercial transactions in Miami and South Florida, though some cases involving employer/employee disputes may fall into the category of employment law and so be handled by employment attorneys. If you have any questions about how or by whom your disputes should be handled, please get in touch with one of our knowledgeable attorneys for clarification.
Examples of Business Fraud Disputes in South Florida
Business fraud disputes cover a broad range of cases, permeating just about every type of commercial enterprise. The following list, though long, is not exhaustive:
- Payroll fraud
- Asset misappropriation/skimming
- Invoice fraud schemes
- Financial statement fraud
- Tax fraud
- Data, Intellectual property & Identity theft
- Insurance & banking fraud
- Counterfeit fraud
- Return fraud
- Bribery & corruption
Whatever type you have been victimized by or falsely accused of, the well-informed, empathic attorneys of Perez Mayoral are here to help. Regardless of what type of business your case involves, our intricate knowledge of commercial law, business litigation, and fraud disputes, in particular, will enable us to bring you to an optimal resolution in your Miami commercial transactions case.
Contact Our Experienced Business Fraud Attorneys Today!
These cases tend to be difficult to navigate, so give yourself the best chance of a successful outcome by getting in touch with our accomplished legal team. At Perez Mayoral, we will provide you with the excellent, effective legal advocacy you need and the personalized service you deserve. Contact us now so we can lift your burden and begin working on your case.
The lawyers at Perez Mayoral, P.A. helps residents all throughout Miami, Miami Beach, Miami-Dade County, and South Florida with their business fraud and commercial transactions questions and needs.
