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In an August 2004 article published at expertlaw.com by Aaron Larson of the Law Offices of Aaron Larson, fraud is discussed as follows:

"To establish fraud, a plaintiff typically has the burden of proving each of the following elements:

- The defendant made a representation of one or more material facts;

- The representation was false when it was made;

- The defendant knew the representation was false when the defendant made it, or defendant made it recklessly (i.e., without knowing whether or not it was true);

- The defendant made the representation with the intention that the plaintiff rely upon it;

- The plaintiff relied upon the representation; and

- The plaintiff suffered damages as a result of the reliance.

For example, if the plaintiff wishes to purchase a house from the defendant, and the defendant knows the house is infested with termites, the defendant's actual representation that the house is free from termites coupled with the plaintiff's reliance upon that representation might support a subsequent action by the plaintiff for fraud. (Please note that the terms of a sales contract can affect the viability of a claim for fraud arising from the sale of a home.)"

In the political arena, however, campaign promises and representations (no matter how much damage is caused to the people that rely on them) are never looked upon as fraud; despite the fact that they often fit the elements of fraud like a glove.

It's too bad - because the essence of the last presidential election may prove to be the biggest fraud yet perpetrated in the history of the United States.

- Ed Smith, Publisher
The EHS Letter Manual