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 Nebraska, fraud is recognized both as a tort for civil litigation and as a criminal offense under various statutes. For a civil fraud claim in Nebraska, the plaintiff must prove that the defendant made a false material representation, knew the representation was false or made it recklessly without knowing its truth, intended to induce the plaintiff to act on it, and that the plaintiff actually and justifiably relied on the representation, resulting in injury. This means the plaintiff must demonstrate actual reliance on the false statement and that such reliance was reasonable under the circumstances. If these elements are met, the plaintiff may be able to recover monetary damages. Criminal fraud, on the other hand, is prosecuted by the state and requires proof beyond a reasonable doubt of similar elements, including intent to defraud and actual harm. The specific statutes and case law governing fraud in Nebraska can be found in the state's penal code for criminal matters and in civil statutes or judicial opinions for tort claims.