Fraud is a criminal offense which may entitle the plaintiff to monetary compensation for damages incurred due to fraudulent activity.

To establish a claim for fraud in Illinois, a plaintiff must allege and prove the following:

• There was a false material representation
• The person making the representation knew it was false or made a positive assertion without knowledge of its truth
• The person making the representation intended to convince another to act upon their representation
• The person to whom the material representation was made relied on that representation, which caused injury

Like many laws, Fraud and legislation impacting fraud can vary from state to state. Civil fraud cases are very complex and can result in significant penalties if not handled carefully. McHenry County Law understands the nuances of Illinois state law concerning fraud as well as the role of the False Claims Act at the federal level. Following are a few important points of interest related to civil fraud in Illinois.

• The statute of limitation is five years
• Common law fraud in Illinois required the plaintiff to prove the elements of fraud by a “clear and convincing” proof standard.
• Punitive damages may be awarded in common law fraud cases
• Plaintiff may demand a jury trial in common law fraud actions

There are numerous types of fraud that include:

• Identity theft
• Consumer fraud
• False advertising
• Mortgage fraud
• Insurance fraud
• Securities fraud
• Investment fraud
• Tax fraud
• Health fraud
• Forgery of documents
• Embezzlement

Our proven record of successful outcomes demonstrates how we build a solid defense. If you are under investigation, we may be able to help you avoid charges altogether. If you have already been indicted, we will aggressively fight to dismiss your case while preparing to challenge the charges at trial.

We believe everyone deserves a strong defense and will apply our extensive knowledge and resources to work toward positive legal results for you. However, time may not be on your side. The quicker you act, the more likely it is that you are able to stop further loss and recover what was taken from you.