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This Q&A addresses the elements of actual fraud (also called common law fraud or legal fraud), including material misrepresentation and reliance and other types of fraud claims, such as equitable fraud, fraudulent concealment, and constructive fraud under Illinois law. Elements Generally. 1.
Enacted with the same purpose as the federal False Claims Act, the Illinois False Claims Act creates liability for entities that submit fraudulent claims for payment to the State of Illinois or its municipalities.
The Illinois Consumer Fraud and Deceptive Business Practices Act ("Act"), 815 ILCS 505/1, et seq., is comprehensive legislation designed to protect consumers, borrowers, and businessmen against fraud, unfair methods of competition, and unfair or deceptive practices in the conduct of trade or business. For example, the Act outlaws "chain letter" ...
§ 4106. Access device fraud. (a) Offense defined.-- A person commits an offense if he: (1) uses an access device to obtain or in an attempt to obtain property or services with knowledge that: (i) the access device is counterfeit, altered or incomplete; (ii) the access device was issued to another person who has not authorized its use;
800.02B Fraud and Deceit--Burden of Proof on the Issues--Alternative Two--Fraudulent Misrepresentation--One Plaintiff and One Defendant--Clear and Convincing Evidence. The plaintiff has the burden of proving each of the following propositions by clear and convincing evidence: First, the defendant made [a] false statement[s] of [a] material fact[s];
The terms “fraudulent transfer” and “fraudulent conveyance” refer to a debtor’s dissipation of assets to thwart a creditor’s ability to collect on a debt. For example, consider the following
Illinois’s statute of frauds requires that certain contracts be in writing and signed by the defendant, including: • A promise to pay for the debt or default of another
