Our founding partners, Robert Burford and Brent Perry, have represented a number of businesses and individuals on both sides of business fraud claims and achieved successful outcomes for their clients. For example, in Parallax Enterprises, LLC v. Cheniere Energy, Inc., Robert Burford and Matt Parks successfully defeated claims for fraud and fraudulent transfer alleged against their client, Parallax’s former General Counsel. This $400 million dispute involved Parallax’s allegation that Cheniere breached an agreement to jointly develop a liquified natural gas plant in Louisiana, and Cheniere’s claims that Parallax’s employees fraudulently took its assets when founding rival LNG company Tellurian, Inc.
On the plaintiffs’ side, Brent Perry negotiated a favorable confidential settlement for a family that was the victim of real estate fraud by the family’s real estate agent in connection with the sale of their 12,000 square foot home in Thornton v. Martha Turner Properties.
Although many Houston business owners believe they will never fall victim to business fraud, the reality is that business fraud is all too common and victims will need an experienced lawyer. Allegations of fraud are very serious and can sometimes include criminal charges, so if you suspect you are victim of fraud, or have been accused of fraud, it is important to immediately engage the help of experienced Houston business fraud attorneys. Burford Perry’s lawyers are well-versed in the complexities of high-stakes business fraud claims and regularly handle such cases.
Business fraud occurs when an individual or business intentionally deceives another for financial gain. More specifically, fraud occurs when the following five elements transpire: (1) the false representation of an important fact, (2) which was made by a party, (3) who knew that the representation was false or who made the representation recklessly without knowledge of the truth, (4) with the intention of convincing another party to make a decision based on the false representation, and (5) which causes the deceived party to suffer damages.[1]
Business fraud can also occur when a party deliberately conceals material information and the circumstances obligate the party to speak, such as (1) when the parties have a confidential or fiduciary relationship; (2) a party voluntarily discloses some information and must then disclose the whole truth; (3) new information makes a party’s earlier representation misleading or untrue; or (4) a party makes a partial disclosure and conveys a false impression.[2] With such a broad definition, there are a variety of acts that can be considered business fraud.
Unfortunately, sometimes it is impossible to avoid becoming a victim of business fraud. Once you believe you have been injured by fraud, it is important to act promptly to protect your interests. Conversely, allegations of fraud can cause business assets to be frozen, production to come to a complete stop, and even shut down an entire company. In either case, preserving your communications with the other party and gathering documentation regarding the underlying transaction as well as the injury to you or your business will be critical. Moreover, it is important to engage an experienced business trial lawyer like the attorneys at Burford Perry who can advise you on your next move.
Whether the fraud in question is criminal or not, business fraud cases are complex, and the parties involved will need an experienced fraud lawyer who can investigate the situation with discretion. Hiring an experienced fraud attorney as early as possible is the best way to protect your rights, assets, and your business from harm.
The attorneys at Burford Perry have more than 55 years of combined experience handling business fraud cases. With degrees in accounting and economics and backgrounds in finance, accounting, and business ownership, our attorneys bring a skill set to business fraud cases that few lawyers possess. We will work with you to evaluate your case early on and take the necessary steps to protect your business and your assets. Most importantly, our lawyers have the experience and prior success rate needed to try your case and win when negotiation fails to produce acceptable results. If you believe you have been a victim of business fraud, contact Burford Perry to learn about your legal options.
[1] Horizon Shipbuilding, Inc. v. BLyn II Holding, LLC, 324 S.W.3d 840, 849–50 (Tex. App.—Houston [14th Dist.] 2010, no pet.).
[2] Siddiqui v. Fancy Bites, LLC, 504 S.W.3d 349, 369 (Tex. App.—Houston [14th Dist.] 2016, pet. denied).
[3] Tex. Rev. Civ. Stat. Ann. art. 581-4.
[4] In re Enron Corp. Sec., Derivative & ERISA Litig., 761 F. Supp. 2d 504, 544 (S.D. Tex. 2011).
[5] See United States v. O’Hagan, 521 U.S. 642, 651–53 (1997).
[6] Janvey v. Golf Channel, Inc., 487 S.W.3d 560, 562 (Tex. 2016)
[7] Id.
[8] Id.