Legal Question in Business Law in Wisconsin

Is there a need for two trails in a fraud case, civil and criminal?


Asked on 4/30/12, 12:41 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

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.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

Read more
Answered on 4/30/12, 1:13 pm


Related Questions & Answers

More Business Law questions and answers in Wisconsin