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AttyCBradford
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 588
Experience:  Criminal Defense and Family law Attorney serving California statewide
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I need help researching what the elements of proving a crime

Resolved Question:

I need help researching what the elements of proving a crime in both federal and state court (NYC and CA) for consumer fraud. Specifically, my client was fraudulently induced into an equipment lease contract. I am filing complaints with all government agencies and need to set forth that all elements of the crime for Fraud, Deception, and Unfair Business Practices, Unfair Advertising, and Forgery are met.

Can you please research these elements under federal law as well as CA and NYC law, I just need the links to the pages.

Thank you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

The best place in CA to look for elements is the jury instructions Here is the california link http://www.justia.com/trials-litigation/docs/caci/1900/1900.html and here are the elements:


[Name of plaintiff] claims that [name of defendant] made a false representation that harmed [him/her/it]. To establish this claim, [name of plaintiff] must prove all of the following:



1. That [name of defendant] represented to [name of plaintiff] that an important fact was true;


2. That [name of defendant]'s representation was false;


3. That [name of defendant] knew that the representation was false when [he/she] made it, or that [he/she] made the representation recklessly and without regard for its truth;


4. That [name of defendant] intended that [name of plaintiff] rely on the representation;


5. That [name of plaintiff] reasonably relied on [name of defendant]'s representation;


6. That [name of plaintiff] was harmed; and


7. That [name of plaintiff]'s reliance on [name of defendant]'s representation was a substantial factor in causing [his/her/ its] harm.


AttyCBradford :

The CA consumer fraud is generally brought under intentional misrepresentation

AttyCBradford :

Here is a link to NY

AttyCBradford :

http://www.lemonlawclaims.com/new_york_deceptive_practice_statute.htm

AttyCBradford :

If i have provided you with helpful information please press accept and provide positive feedback so I can get credit for my work. If not, and you have additional questions please do not hesitate to ask and I will respond promptly.

Customer:

Thank you for this, this is helpful. I also need to know what elements would be necessary in Federal Court for consumer fraud, deception & unfair business practices. Please advise. I'm going to go one letter and use it to distribute to all the government agencies so plan to be overly inclusive but these guys have definitely committed both state and federal crimes.....Thank you, XXXXX XXXXX you need more information from me.

AttyCBradford :

Let me see what I can find for you

AttyCBradford :

here is a link to a report on FTC unfair business practices statutes in all 50 states http://www.nclc.org/images/pdf/udap/report_50_states.pdf

AttyCBradford :

Let me know if there is anything else otherwise please accept the answer Best of luck

Customer:

The report re: Federal regulations isn't exactly what I need but I can use the CA jury instructions. Thank you.

AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 588
Experience: Criminal Defense and Family law Attorney serving California statewide
AttyCBradford and other Criminal Law Specialists are ready to help you

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