The Elements Of Fraud

1. Deception

2. Intentional Scienter  

3. Concealment

4. Misrepresentation 

5. Violation of consent

6. Unethical gain

7. Harm, damage or loss

8. Victim 

9. Equity Violation 

10. Exploitation 

11. Rational Disclosure 

12. Justifiable Reliance

13. Responsible Causation

14. Significance 


Short Explanations

1. Fraud is always a deception. | A trick.

2. Fraud is always intentional scienter. | I deliberately tricked you and knew what I was doing was wrong. 

3. Fraud always contains concealment. | Information is hidden or not shared. 

4. Fraud always contains misrepresentation. | A pretense that something is what it isn't. 

5. Fraud is always a violation of consent. | I manipulated your consent in a way you would not have agreed to if not deceived.  

6. Fraud is always for the deceiver to gain unethically. | I want to gain something from you in a way I know you wouldn't agree to/give to me if you knew the facts.  

7. Fraud always involves some kind of loss or damage to a/or multiple victims. | You're hurt by the fraud.

8. Fraud always involves victims of specific identity. | I have to hurt someone in particular, not just people in general. 

9. Fraud is always a violation of the golden rule of equity. | I'd never want to be on the receiving end of fraud.

10. Fraud is always an exploitation of vulnerabilities. | I saw an opportunity/weakness to take from you and I took it. 

11. Fraud is always void of rational disclosure. | I had the ability and responsibility/duty to tell you the relevant facts, but I chose not to.

12. Fraud always involves the victim justifiably relying on the fraudster. | I thought I could trust you, but you betrayed me/breached my trust, causing emotional harm. 

13. Fraud is always when the deceiver is responsible and the cause of the harm/loss to the victim. | I tricked you and was the cause of your loss or injury, making me responsible. 

14. Fraud is always a deception which is significant enough to alter/influence the victims behaviour if they had known the truth. | I wouldn't have followed through if I knew the truth.