Fraud

Legal Definition of Fraud

Fraud is a criminal offense involving intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. In the context of construction and home improvement, fraud typically involves:

  • • Taking advance payments without intention to perform services
  • • Misrepresenting the quality of materials or services
  • • Using false identities or company names
  • • Providing fake certifications or warranties

Elements of Fraud

For an act to constitute fraud, it must typically include:

  1. False Representation - A false statement of fact
  2. Knowledge of Falsity - The perpetrator knows the statement is false
  3. Intent to Deceive - Made with intention to deceive the victim
  4. Victim's Reliance - The victim relies on the false statement
  5. Resulting Damage - The victim suffers financial loss

Case Study: Dražen Filjević

The case of Dražen Filjević (also known as "dado cro music") represents a textbook example of systematic fraud in the construction industry.

Fraud Elements Present:

1. False Representation

Filjević represented himself as a legitimate PVC windows/doors contractor with ability to deliver quality products and services.

2. Knowledge of Falsity

Evidence shows he had no intention to fulfill orders, as demonstrated by repeated pattern across 130+ victims.

3. Intent to Deceive

Systematic creation of multiple companies, use of false identities, and disappearance after receiving payments demonstrates clear intent.

4. Victim's Reliance

Victims relied on his representations and paid advance payments based on his promises.

5. Resulting Damage

Total documented losses exceed €400,000 across 130+ victims.

Legal Consequences

In the Filjević case, legal consequences include:

  • • 20+ criminal proceedings for fraud
  • • Temporary detention due to risk of repeat offenses
  • • Multiple civil lawsuits for damages
  • • Account freezes and collection attempts
  • • Public record of criminal proceedings

Prevention Measures

How to Avoid Becoming a Victim:

  1. Due Diligence - Research contractor thoroughly before engaging
  2. Court Records Check - Verify no history of fraud or lawsuits
  3. Limited Advances - Never pay more than 30% upfront
  4. Written Contracts - Detailed specifications with penalties for non-performance
  5. Verify Credentials - Check business registration and certifications
  6. References - Contact multiple previous clients
  7. Physical Location - Verify existence of actual business premises

Reporting Fraud

Criminal Complaint

Report to local police immediately. Provide all documentation: contracts, communications, payment records, and any other evidence.

Civil Action

Consult with an attorney about filing a civil lawsuit for recovery of damages. Consider joining with other victims for a class action.

Public Warning

Share your experience online to warn others. Post reviews, report to consumer protection agencies, and notify media outlets.

Related Pages

KNOWLEDGE IS PROTECTION - STAY INFORMED