Fraud Litigation

Fraud, which involves deception that induces others to act or prevents others from enforcing their rights, challenges the very order of our society. The lawyers at Deeley King Pang & Van Etten, LLP are experienced with prosecuting all three of the most common Hawaii civil fraud claims, which include common law fraud, unfair and deceptive trade practices, and fraudulent transfers.

Traditional common law fraud exists, with some exceptions, when one deliberately makes false representations, with the expectation that another will rely on those representations, and the other relies on them to their detriment. See Hawaii’s Thousand Friends v. Anderson, 70 Haw. 276 (1989).

Consumers are protected from unfair and deceptive trade practices by Hawaii statutory law. A practice is considered “unfair” within the meaning of HRS §480-2 “when it offends established public policy and when the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers.” See Rosa v. Johnston, 3 Haw. App. 420, 427, 651 P.2d 1228, 1234 (1982). An act is “deceptive” when a material representation, omission, or practice is likely to mislead consumers acting reasonably under the circumstances. Courbat v. Dahana Ranch, Inc., 111 Haw. 254, 262, 141 P.3d 427, 435 (2006).

A fraudulent transfer is a specific type of fraud which generally occurs when an individual transfers property with actual intent to hinder, delay, or defraud any creditor or without receiving reasonably equivalent value. See HRS §651C-4.

Only a complete analysis of all relevant facts can determine whether the above claims exist. If you believe you are a victim of fraud or unfair and deceptive trade practices, call (808) 533-1751 or e-mail us to discuss how Deeley King Pang & Van Etten, LLP can assist you with your Hawaii fraud litigation needs. Attorney Eric Seeleman will evaluate your case.