Civil Fraud vs Defamation

Civil Fraud may be the best path to resolve deflategate. This places a greater burden on the NFL and doesn't open Brady up to the same risks.

Enjoy the discussion.

Bad Company said:

Civil Fraud may be the best path to resolve deflategate. This places a greater burden on the NFL and doesn't open Brady up to the same risks.

Enjoy the discussion.

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I really think you need to explain that just a little bit more. Maybe there was supposed to be a link.

Read the definition of Civil Fraud. I came across it in a case vs NC and it clearly applies. The attorneys I spoke with said it's more effective.

"Dude, Civil Fraud, BOOM!"

"What? Explain yourself..."

"YOU explain myself. Peace out!"

What is Civil Fraud?


ELEMENTS OF CIVIL FRAUD
The elements or actions that are common to most legal definitions of fraud are:

1. There was a material representation made that was false;
2. The person who made the representation knew the representation was false or made it recklessly as a positive assertion without any knowledge of its truth;
3. The person who made the representation intended to induce another to act upon the representation; and
4. The person to whom the material representation was made actually and justifiably relied on the representation, which caused the injury. See Ernst & Young, L.L.P. v. Pac. Mut. Life Ins. Co., 51 S.W.3d 573, 577 (Tex. 2001)

Sicilian said:

"Dude, Civil Fraud, BOOM!"

"What? Explain yourself..."

"YOU explain myself. Peace out!"

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This is just ridiculously good snark Sicilian. That is how you message board.

I'll let the lawyers out here decide whether it's applicable in a Brady v. Goodell kind of proceeding, but here are the criteria in New York State (similar to those listed above). It looks to me that it's intended to apply to me if I tell you I have title to the Brooklyn Bridge, knowing full well that I do not, with the intention of fooling you into buying it from me, and that you rely on the information and suffer financial injury by paying me money for title to the Bridge.

Not clear how it would apply to Brady in a complaint against Goodell. But, I'm sure a lawyer will enlighten me, one way or the other.

"Criminal fraud is an offense against the state (people); civil fraud is an offense against the plaintiff. Criminal fraud can be punished with jail time, fine paid to the state, and restitution to victims. Civil fraud is not punished; it is resolved by repayment of monetary damages.
"A person convicted of criminal fraud has a criminal record. A person convicted of civil fraud does not.
"Civil and criminal fraud require the same five elements:

1. A misstatement of fact, not opinion.
2. Defendant's knowledge the statement was false.
3. Defendant's intent to fool the victim.
4. Victim's lack of knowledge and reliance on the false statement.
5. Victim's injury."

https://www.quora.com/What-is-the-l...inal-fraud-and-civil-fraud-under-New-York-law

The idea is the NFL knowingly lied and the Patriots and or Brady were damaged as a result. But the element you are missing is that Brady and/or the Pats relied to their detriment on the lies. Pats accepted the punishment AFTER they knew the leaks were lies. You may have a case if they had done so BEFORE. And Brady didnt detrimentally rely either. His reputation was directly impacted by the lies, which is the essence of a defamation suit, not a fraud suit.

Brady cannot show he was materially harmed. He did not lose endorsements, His jersey is the number one seller (although my cynical mind has me believing the NFL is jacking up the sales of his jerseys so Brady cannot use a decrease in jersey sales as harm. Someone should check Goodell's garage for them.). His reputation being impacted is subjective.

I wonder if Brady spends as much time thinking about legal strategy as some individuals (like Bad Company or other non-lawyers on this board). Maybe he does...maybe he spent more time on legal strategy vs. silent snap counts in the week leading up the AFCCG?
No way...

maryk said:

Brady cannot show he was materially harmed. He did not lose endorsements, His jersey is the number one seller (although my cynical mind has me believing the NFL is jacking up the sales of his jerseys so Brady cannot use a decrease in jersey sales as harm. Someone should check Goodell's garage for them.). His reputation being impacted is subjective.

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It may be subjective, but there is absolutely no doubt his reputation has been harmed.

maryk said:

Brady cannot show he was materially harmed. He did not lose endorsements, His jersey is the number one seller (although my cynical mind has me believing the NFL is jacking up the sales of his jerseys so Brady cannot use a decrease in jersey sales as harm. Someone should check Goodell's garage for them.). His reputation being impacted is subjective.

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You sure? I'm pretty sure I read somewhere that he lost endorsements over this.

XLIX said:

It may be subjective, but there is absolutely no doubt his reputation has been harmed.

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Plenty of evidence of reputation harm out there.

I think South Park did another mean episode about this . . . but Brady will have a really hard time proving that anyone still watches South Park.

maryk said:

Brady cannot show he was materially harmed. He did not lose endorsements, His jersey is the number one seller (although my cynical mind has me believing the NFL is jacking up the sales of his jerseys so Brady cannot use a decrease in jersey sales as harm. Someone should check Goodell's garage for them.). His reputation being impacted is subjective.

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He lost the ability to restock the team around him.