Perspective
Jan. 31, 2013
Door opened for criminal sanctions in civil fraud cases
A court recently held that fraud is a form of theft and that the money a borrower obtains through fraud is therefore stolen property - opening the door to treble damages under the Penal Code. By David Krause-Leemon
On Jan. 15 in Bell v. Feibush, 2013 DJDAR 627, the 4th District Court of Appeal held that a lender pursuing a borrower for fraud can seek treble damages and attorney fees under California Penal Code Section 496. Subdivision (a) of Section 496 appears on its face to criminalize the act of receiving stolen property. However, Section 496 includes within its scope not just those who receive stolen property but also those who are "p...
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