Fraud is a knowing, intentional misrepresentation or concealment of a material fact when the misrepresentation or concealment (omission) is done to induce another person or entity to act to their detriment—such as by paying money for a product or service or investing in a company, venture, or other proposition.

Fraud is usually a tort—a wrongful act for which a person or entity that is the victim of the fraud may file a civil (noncriminal) lawsuit and recover money damages. But fraud may also be a criminal offense (crime) prosecuted under various state and federal laws (usually statutes).

Laws vary from state to state, but to prevail on a civil fraud claim, a plaintiff generally must show:

• the defendant made a material representation that was false;

• the defendant knew the representation was false or made it recklessly as a positive assertion without any knowledge of its truth;

• the defendant intended to induce the plaintiff to act upon the representation; and

• the plaintiff actually and justifiably relied upon the representation and suffered injury as a result.

The fourth element has two requirements:

• the plaintiff must show that it actually relied on the defendant's representation; and

• such reliance was justifiable.

The law regarding civil fraud claims may be located in a state’s statutes or in its court opinions (common law or case law).

In West Virginia (WV), fraud is recognized both as a tort for civil litigation and as a criminal offense under state law. To succeed in a civil fraud claim in WV, a plaintiff must demonstrate that the defendant made a false material representation, knew the representation was false or acted recklessly without knowledge of its truth, intended to induce the plaintiff to rely on the representation, and that the plaintiff actually and justifiably relied on the representation, resulting in injury. This means the plaintiff must prove actual reliance on the false statement and that such reliance was reasonable under the circumstances. The specifics of these elements can be found in WV's statutes and interpreted through case law. If the fraud is of a criminal nature, it would be prosecuted under the relevant state statutes, which define the necessary elements and penalties for such offenses. Victims of fraud may seek monetary damages through civil courts, while the state may impose fines, restitution, and imprisonment through criminal prosecution.