Legal Question in Business Law in California

Re: is it fraud?

Fraud includes an element of intent to deceive. If you were dipping into money that wasn't yours, or trying to get the payees to think they were getting paid by someone other than the rightful owner of the funds, or anything like that, it could be fraud.

Generally, the elements of fraud are:

1. An untrue representation or failure to disclose a material fact when disclosure is necessary in order to prevent misleading another;

2. An intent that the victim rely upon the untrue or undisclosed fact;

3. The victim's reasonable reliance thereon; and

4. Harm of some kind arising from the victim's reliance on the misrepresentation or nondisclosure.

The intention element can be proven from what an impartial observer (judge or juror) would think in the circumstances, and does not require probing, psychoanalytically, into what was really in the defendant's mind. If it looks like an intent to deceive, it is.

In addition to analyzing what you did as possible fraud, an injured party or a prosecutor might look at whether it was some other kind of wrong, e.g., theft, conversion, breach of a partnership agreement, etc. - Probably not, but disproving fraud doesn;t necessarily get you home free.

Re: is it fraud?

If you are saying you were using your father's funds without his knowledge, that is clearly fraud and theft. It doesn't seem that is your question though. If you are simply worried that someone might mistake you for him, or vice versa, why would they complain after being paid? If you are trading on his name and reputation to run your business, without his knowledge and consent, then you may have an issue. If you really are concerned, feel free to contact me for a consultation to discuss the actual facts and issues.