Litigation

Cal. Litig. 2023, Volume 35, Issue 3

FRAUD AS HYPERREALITY

Written by Hon. Abraham C. Meltzer*

Fraud is the central issue in many criminal prosecutions and civil lawsuits. In addition to common law fraud, there are also fraud-related statutes, such as: the federal and California False Claims Acts, wire and mail fraud statutes, identity theft laws, and various securities fraud statutes. Fraud occupies a prominent position in the legal landscape.

We rarely step back, however, to think about the fundamental nature of fraud — what is it, really? Yet, such a philosophical discussion is useful when investigating fraud cases. One tool that provides insight when analyzing fraud is French philosopher Jean Baudrillard’s concept of hyperreality. Understanding hyperreality helps us to answer the question we all want to know when we are handed a new fraud case: what is truly going on?

I. THE CONCEPT OF HYPERREALITY

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