Legal Question in Business Law in California

Well, first of all, fraud can be either a civil matter or, perhaps less often, a criminal offense. Since you asked under "Business Law" and your question has been referred to attorneys primarily engaged in civil, rather than criminal, matters, I'll try first to give you an answer as to how this matter might be viewed in civil court.

Most generally, a matter cannot be brought successfully to trial unless and until the plaintiff has suffered damages. There is no civil cause of action for "attempted fraud" or for "planning to defraud." Sure, some victimless attempts to do something or fool someone may run afoul of a statute preventing the conduct, but very often there is no private remedy. Enforcement is left to someone like the attorney general. An exception is the Unfair Practices Act, found in the Business and Professions Code at sections 17000 - 17101, where section 17070 gives "any person or trade association" standing to sue for damages or an injunction. The type of fraud you have in mind probably doesn't fall under this Act.

There may be additional statutes under which you could bring a civil action for an attempted fraud. Maybe you could get an injunction even if not money damages.Without knowing the subject matter of the particular "false contract" you were offered, however, I'd say it's rather unlikely you have a civil case.

As to a criminal case, first of all, criminal cases are brought by the district attorney, not by individual victims. Getting the D.A. interested enough in an attempted fraud to take the case and charge the attempting fraudster with a crime is probably going to be an uphill struggle, given their caseload of violent crimes and the difficulty of proof. Actually, in California criminal law an "attempted fraud" case would probably be brought as an "attempted theft by false pretenses" or some such monicker.

Actual use might in itself be insufficient unless the use results in someone losing property to the thief. The elements that the D.A. must plead and prove to establish theft by false pretenses are (1) the defendant made a false pretense or representation to the owner of property; (2) with the intent to defraud the owner of that property; and (3) the owner transferred the property to the defendant in reliance on the representation." (People v. Wooten (1996),44 Cal.App.4th 1834.)

More facts and/or asking under Criminal Law might get you more, and more definite, responses.