Fraud attorneys’ work is varied and broad, but it always revolves around interpreting and applying fraud laws. In almost every jurisdiction, there are laws in place to prevent and punish fraud in a variety of situations. Insurance fraud, tax fraud, securities fraud, and commercial fraud are just a few of the more well-known types of fraud. A fraud lawyer’s job is to learn those laws, understand how they apply, and represent those who are affected them.
Because much of the job depends on the contours of the attorney’s individual work, there is no single job description for “fraud attorney.” A lawyer who advertises himself as a general fraud attorney is extremely rare. Attorneys who specialize in fraud usually limit their practice to a specific type of fraud. By concentrating on a single area, a lawyer can become an expert in a specific type of fraud and better represent clients in that field.
Attorneys who help draft and enforce fraud laws, those who represent individuals and corporations who have been defrauded, and those who represent individuals and corporations accused of fraud fall into three categories. More people fall into the first and third categories. Consumers who believe they have been defrauded can usually initiate institutional actions without the assistance of an attorney. Many banks, corporations, and other consumer-facing businesses have fraud departments devoted to representing and resolving any fraud allegations. Some members of the fraud department are lawyers, but the majority are not.
Attorneys who assist in the drafting and enforcement of fraud laws typically work for national or local governments. A large part of their job entails ensuring that all fraud laws are as current as possible. This may entail conducting research, monitoring fraud allegations, and staying up to date on how technological changes are affecting fraudulent practices.
A government fraud lawyer’s job usually includes some investigative work as well. Consumer complaints are frequently followed up on attorneys in this position, as are fraud reports issued corporations and banking institutions. Fraud lawyers will build cases against alleged fraudsters when necessary. They are in charge of fraud prosecutions, trial management, and defending the government’s interests in court.
Individual representation is usually brought each person or entity charged with fraud. In most cases, this is handled a fraud lawyer who focuses on the defense. This type of fraud lawyer will argue that the defendant is not liable, was not at fault, or cannot be prosecuted properly for some reason.
Most fraud defense lawyers, like most other fraud lawyers, specialize in a specific type of fraud. For example, a credit card fraud attorney will spend the majority of his time assessing the strengths and weaknesses of cases against alleged identity thieves or credit card scammers. An insurance fraud lawyer will defend those accused of selling fraudulent insurance packages, and a mortgage fraud lawyer will defend brokers accused of orchestrating mortgage schemes or setting interest rates that defrauded clients or extorted money.
Fraud victims do not always appear in court, depending on the circumstances. In most cases, the costs of bringing a lawsuit far outweigh the amount of money lost. Financial fraud is usually handled for free the fraud department of the associated bank or credit card company. Similarly, victims of insurance or other types of fraud should report the fraud to their local government consumer protection agency and wait for the attorneys to investigate or prosecute the case. Some attorneys will file fraud-related lawsuits on behalf of individuals, but this is rare.