I have worked on a number of cases which have causes of action such as fraud, conversion and related items. (Civil or criminal fraud forensic accounting)
Sometimes there is a criminal component, so it is interesting to compare the differences between the two types of cases, even related to the same underlying fact pattern.
Criminal vs Civil Difference:
Criminal Action: In criminal cases, the government (prosecution) brings charges against an individual for violating criminal laws. The burden of proof is “beyond a reasonable doubt,” and if found guilty, the defendant can face penalties such as fines, probation, or imprisonment.
Civil Action: In civil cases, a private individual/business (plaintiff) brings a lawsuit against another party (defendant) seeking compensation for damages caused by the defendant’s actions. The burden of proof is usually based on a “preponderance of the evidence” standard, and remedies are typically monetary or injunctive.
Conversion:
Conversion is the wrongful possession or use of someone else’s property without authorization. This can involve outright theft, destruction, or misuse of the property.
Civil Cause of Action: Conversion is primarily a civil cause of action, where the owner of the property can seek damages for the loss or return of the property itself.
Criminal Cause of Action: While conversion is typically a civil matter, in some circumstances, it can rise to the level of criminal charges, such as theft or embezzlement.
Fraud:
Fraud is a deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. It involves intentional misrepresentation or concealment of important facts.
Civil Cause of Action: Fraud can be the basis of a civil lawsuit, where the victim can seek financial damages for the harm suffered.
Criminal Cause of Action: In some cases, fraud can also result in criminal charges being filed against the perpetrator, leading to potential fines or imprisonment.