Legal Question in Criminal Law in Nevada

Obtaining Money Under False Pretenses

I have a civil & criminal case pending. The criminal case involves obtaining money under false pretenses, fraud & theft along with a few other potential criminal statute violations. What is the legal line which defines criminal actions vs civil actions? I have components both criminal & civil within the same case; I am most concerned with ensuring a criminal investigation case is opened. What prosecutable evidence will a fraud detective need to successfully investigate and ultimately prosecute a criminal matter?


Asked on 1/31/06, 9:41 pm

1 Answer from Attorneys

James Smith James E. Smith Ltd.

Re: Obtaining Money Under False Pretenses

The real difference is the burden of proof. The prosecutor has to prove his case to a unanimous jury by proof beyond a reasonable doubt. A civil case of fraud is proven by clear and convinicng evidence but on requires 3/4s the jury to reach a verdict. Fraud is simply intentional misrepresentation which results in a victim losing money.

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Answered on 2/01/06, 9:55 am


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