Legal Question in Business Law in Wisconsin
Is there a need for two trails in a fraud case, civil and criminal?
1 Answer from Attorneys
If the District Attorney or US Attorney (each of whom represents the government) wants to prosecute the fraud, then s/he will bring a criminal case.
If the defrauded party wishes to sue the defrauder, s/he will file a civil suit.
These are two different causes of action with two different plaintiffs arising from the one fraud.
Does this "need" to happen? No; either the government or the civil plaintiff could choose not to proceed against the defendant. Could it happen? Absolutely. Probably the best-known example of the criminal vs. the civil systems happened in the OJ Simpson murder case. He was found criminally not guilty, but held civilly liable for $millions for the deaths he was accused of causing.
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