Fraud Attorneys Cave Creek AZ

Bring up the subject of fraud and most people within hearing distance will turn tail and run the other direction.

By Paul Elkins
6/1/1998

"Hush," they say. "You shouldn't talk about that," they say. "It's not really an issue," they say.

Do they think that if they don't talk about it, don't learn about it and don't watch out for it, it won't exist? Hear no evil, see no evil, speak no evil - right?

The problem is, whether you talk about it or not, fraud does exist. And it will continue to exist until the industry as a whole - that includes you - learns what constitutes fraud and how to fight it. You can't just cover your ears, shut your eyes and bite your tongue. You have to take a stand and speak out.

What is Fraud?
In defense, most people are probably unaware of just what constitutes fraud. Ignorance, however, is no longer a defense.

Fraud comes in many forms and is perpetuated by many sources - shop owners, insurance companies, vendors, workers and customers. Fraud exists in the actions we take when confronted with a situation of deception.

Webster's dictionary describes fraud as "deceit, trickery; specifically, intentional perversion of truth to induce another to part with something of value or to surrender a legal right; an act of deceiving or misrepresenting."

A legal definition of fraud reads: "Deceitful conduct designed to manipulate another person to give something of value by (1) lying, (2) repeating s...

Before shop owners condemn the practices of insurers, they need to take a long, hard look at themselves. Committing fraud is dishonest, immoral and illegal - yet many continue to do it.

By Sue Martin
5/1/1999

Note: The following is intended as an informational article only and should not be construed as legal advice.

Body shop owners and employees at every industry conference have plenty to say about the practices of insurance companies they feel are absolutely illegal, immoral and downright disheartening - such as steering, insurer-required discounts and new kinds of policies that cost less if a policyholder agrees up front to use a body shop chosen by the insurer. Admittedly, these are problems to worry about.

But, in legal terms, there's the clean-hands doctrine, which means that if you're going to claim foul on the part of another, then you had better cast that first stone without having exhibited any behavior that puts your actions in a bad light. Unfortunately, the daily operations of most body shops are ripe with instances that would be a technical violation of a state or criminal fraud statute, not to mention fertile ground for consumers bent on civil legal action.

What Is Fraud?
Conduct described by the term "fraud" assumes many forms and doesn't lend itself to an exact definition. Because the ways to commit fraud are almost limitless, courts have been unwilling to restrict the meaning of the term, recognizing that, as technology advance...