Fraud definition

What is Fraud?

Fraud is a false representation of the facts, resulting in the object of the fraud receiving an injury by acting upon the misrepresented facts. Fraud results in a person giving up something of value or giving up a legal right. It is proven in court by showing that the actions of a person committing fraud involved the following elements:

  • A false statement of a material fact;

  • Knowledge that the statement was untrue;

  • Intent by the individual to deceive the victim;

  • Reliance by the victim on the statement; and

  • Injury sustained by the victim as a result of the preceding actions.

The key element in the preceding definition is intent. A company could make false representations in its financial statements simply because the accounting staff made a mistake in compiling certain financial information. This is not fraud (though it may be incompetence), since there was no intent to misstate the financial statements. Conversely, if a controller intentionally reduces the bad debt reserve in order to increase profits and thereby triggers a bonus for the management team, this is fraud, because a false statement was intentionally made.

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Internal Fraud vs. External Fraud

Fraud may be perpetrated within an organization, by its employees, or externally, by outside parties. Internal fraud involves the use of an employee’s position to misuse assets for personal enrichment. For example, a manager could hire a contractor to build a swimming pool at his house, and then bills the work through to his employer. External fraud occurs when an outside party, such as a supplier, engages in deceptive practices in order to illegally take assets from the organization. For example, a supplier double-bills for a shipment of goods.

Types of Fraud

Fraud can be classified into several types based on its nature and target. Here are the main types of fraud:

Financial Fraud

  • Accounting fraud. Manipulating financial statements (e.g., Enron scandal).

  • Securities fraud. Insider trading, stock price manipulation.

  • Bank fraud. Unauthorized transactions, loan fraud.

  • Insurance fraud. False claims to obtain payouts.

Corporate & Occupational Fraud

  • Asset misappropriation. Embezzlement, payroll fraud, fake invoices.

  • Bribery and corruption. Kickbacks, conflicts of interest, extortion.

  • Expense fraud. Inflating business expenses for reimbursement.

Cyber and Digital Fraud

  • Identity theft. Stealing personal information to commit fraud.

  • Phishing and social engineering. Deceptive emails or messages to steal data.

  • Credit card fraud. Unauthorized use of credit card details.

  • Online banking fraud. Hacking or unauthorized access to accounts.

Consumer Fraud

  • Advance fee fraud. Scams requiring upfront payment (e.g., lottery scams).

  • Fake charities. Collecting donations for non-existent causes.

  • Pyramid and Ponzi schemes. Unsustainable investment frauds.

  • Product counterfeiting. Selling fake branded goods.

Government and Public Sector Fraud

  • Tax fraud. Evading taxes, false deductions.

  • Welfare and benefit fraud. False claims for government assistance.

  • Procurement fraud. Corrupt bidding processes in government contracts.

Healthcare Fraud

  • Medicare/Medicaid fraud. Overbilling or billing for services not provided.

  • Prescription fraud. Fake prescriptions or drug diversion.

Real Estate and Mortgage Fraud

  • Foreclosure fraud. Scamming homeowners in financial distress.

  • Title fraud. Stealing property ownership through forged documents.

Consequences of Fraud

Fraud can have a serious impact both on a company and the investing public. The direct impact on a company is a loss of assets, which can put it in a major financial bind, possibly leading to bankruptcy or its takeover by another firm. As a result, the company may need to pare back on its expenditures, possibly leading to employee terminations. When fraud is made public, this usually causes a sharp decline in a firm’s share price, which lowers the net worth of its investors - sometimes by massive amounts.