Reader Post | Anonymous Anna Von Reitz does some very good writing and covers the same subjects that I have been reading about for years,...
Reader Post | Anonymous
Anna Von Reitz does some very good writing and covers the same subjects that I have been reading about for years, especially when I fought the IRS for about 15 of them. This is a blog from the Findley Law firm, accessible from the internet, https://lindleylawoffice.com/blog/2016/12/21/breach-of-fiduciary-duty-vs-constructive-fraud-which-claim-do-you-have/, and is in no means conclusory or all encompassing in scope, just an example.
Breach of Fiduciary Duty vs. Constructive Fraud – Which Claim Do You Have?
December 21, 2016
Breach of Fiduciary Duty:
A fiduciary is an individual or corporation to whom property or power is entrusted for the benefit of another. Fiduciaries must prudently care for any such assets, and may also have a number of additional duties, depending on the nature of their fiduciary relationship. These duties include, without limitation: a duty of good faith and fair dealing, a duty of loyalty, a duty of impartiality, a duty to delegate, a duty to inform, and a duty to maintain adequate records.
To succeed on a breach of fiduciary duty claim, the plaintiff must prove three (3) elements: (1) a fiduciary relationship existed; (2) the fiduciary breached a fiduciary duty; and (3) damages resulted from the breach of the duty.[1]
Constructive Fraud:
Constructive Fraud occurs when a person or entity gains an unfair advantage over another through unjust means, usually by lying or omitting important details. Constructive fraud differs from actual fraud because the elements of constructive fraud do require intent, or actual knowledge of the lie or omission.
To succeed on a constructive fraud claim, the plaintiff must prove three (3) elements: (1) a relationship of trust and confidence existed; (2) the defendant took advantage of his position of trust to benefit himself; and (3) there was an injury to the plaintiff.[2]
The Differences:
If these two causes of action sound the same, it is because they are very similar and, often, you will find allegations of both breach of fiduciary duty and constructive fraud in the same lawsuit. However, there are a few critical differences.
(1) Benefit to the Superior Party:
To commit constructive fraud, the superior party (i.e., the one in whom the plaintiff put trust and confidence) must have benefited through the alleged action or inaction. However, a fiduciary does not have to personally benefit from the transaction to be guilty of a breach of fiduciary duty. Instead, the plaintiff must show the fiduciary failed to act in good faith regarding the plaintiff’s interests.[3] Thus, when a fiduciary relationship exists, all constructive fraud claims are a breach of fiduciary duty. However, not all breach of fiduciary duty claims constitute constructive fraud since a constructive fraud claims require a benefit to the superior party.
(2) Statute of Limitations:
Breach of fiduciary duty claims have a statute of limitations of three years.[4] The statute begins to run when the plaintiff “knew, or by due diligence, should have known” of the actions underlying the claim.[5] However, the statute of limitations for a constructive fraud claim is ten years.[6] This statute begins to run when the plaintiff suspects something is amiss. The plaintiff is not permitted to remain willfully ignorant. However, so long as the plaintiff could not have discovered the fraud through reasonable diligence, the statute does not begin to run.[7] This longer statute of limitations benefits parties who wish to bring a constructive fraud claim, but these parties must also prove the superior benefitted personally from the constructive fraud.
When determining which claim to pursue in court, many attorneys allege breach of fiduciary duty and constructive fraud claims in conjunction with one another. However, if knowledge of the claim arose more than three years prior to the date of filing the suit, then the statute of limitations bars a breach of fiduciary duty action. Alternatively, if there is no evidence that the accused party benefited from his/or her actions, then it is difficult to prove constructive fraud. Attorneys must look at all the facts and circumstances surrounding the case to determine which claim to pursue, and/or if pursuing both claims is preferable.
An experienced attorney can help determine one’s available remedies and the best way to proceed given the complexities of the particular situation. For more information, please visit us at www.lindleylawoffice.com.
[1] Green v. Freeman, 367 N.C. 136, 749 S.E.2d, 268 (2013)
[2] Keener Lumber Co. v. Perry, 149 N.C. App. 19, 28, 560 S.E.2d 817, 823 (2002).
[3] White v. Consol. Planning Inc., 166 N.C. App. 283, 294, 603 S.E.2d 147, 155-56 (2004).
[4] N.C. Gen Stat. § 1-52(1) (2015).
[5] Toomer v. Branch Banking & Trust, 171 N.C.App. 58, 68-69, 614 S.E.2d 328, 336 (2005).
[6] N.C. Gen. Stat. § 1-56 (2015).
[7] Shepherd v. Shepard, 57 N.C. App. 680, 682-83, 292 S.E.2d 169, 171 (1989).
Now I have been reading for years that the BAR Associations originated, are housed, and employed in the same "City of London" where the banksters are located. We were warned by the founding fathers NEVER to let either of them into the country, the banks and the attorneys, I believe, hence the original "13th Amendment" which was probably gotten rid of and replaced by these same BAR attorneys. IMHO, this has been constructive fraud from the beginning and has been perpetuated by this "statutory law scheme" forced upon us by the BAR associations and politicians, as well as the banksters for the sole purpose to destroy this country, and the world, from its inception, and I think history will bear me out, as does the writings of Ms Von Reitz. Time limitations indeed, when you control both sides of the equation, that too is constructive fraud, and also by instituting the socialist, communist, fascist, and any other destructive writings of the ages to the education system of our country and others as well. The whole world has been bamboozled by these crooks and reparations are now due to everyone on the planet. Our founding fathers were very smart and astute, we should have read more and payed better attention. BTW, "banksters includes any and all the families who have interest and or control of all the central banks, as well as any willing participants who wanted to get rich at the rest of our expense. Thank you Anna.
______________________________________________________
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Our mission at Operation Disclosure is to bring you important news events and raw intel from various sources focused on exposing the Deep State/Cabal and their downfall. We are also focused on disclosing our lost ancient origins and extraterrestrial contact.
Disclaimer: All articles, videos, and images posted on Operation Disclosure were submitted by readers and/or handpicked by the site itself for informational and/or entertainment purposes. All statements, claims, views and opinions that appear on this site are always presented as unverified and should be discerned by the reader. We do not endorse any opinions expressed on this website and we do not support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted on this website.
Copyright © 2019 Operation Disclosure
Anna Von Reitz does some very good writing and covers the same subjects that I have been reading about for years, especially when I fought the IRS for about 15 of them. This is a blog from the Findley Law firm, accessible from the internet, https://lindleylawoffice.com/blog/2016/12/21/breach-of-fiduciary-duty-vs-constructive-fraud-which-claim-do-you-have/, and is in no means conclusory or all encompassing in scope, just an example.
Breach of Fiduciary Duty vs. Constructive Fraud – Which Claim Do You Have?
December 21, 2016
Breach of Fiduciary Duty:
A fiduciary is an individual or corporation to whom property or power is entrusted for the benefit of another. Fiduciaries must prudently care for any such assets, and may also have a number of additional duties, depending on the nature of their fiduciary relationship. These duties include, without limitation: a duty of good faith and fair dealing, a duty of loyalty, a duty of impartiality, a duty to delegate, a duty to inform, and a duty to maintain adequate records.
To succeed on a breach of fiduciary duty claim, the plaintiff must prove three (3) elements: (1) a fiduciary relationship existed; (2) the fiduciary breached a fiduciary duty; and (3) damages resulted from the breach of the duty.[1]
Constructive Fraud:
Constructive Fraud occurs when a person or entity gains an unfair advantage over another through unjust means, usually by lying or omitting important details. Constructive fraud differs from actual fraud because the elements of constructive fraud do require intent, or actual knowledge of the lie or omission.
To succeed on a constructive fraud claim, the plaintiff must prove three (3) elements: (1) a relationship of trust and confidence existed; (2) the defendant took advantage of his position of trust to benefit himself; and (3) there was an injury to the plaintiff.[2]
The Differences:
If these two causes of action sound the same, it is because they are very similar and, often, you will find allegations of both breach of fiduciary duty and constructive fraud in the same lawsuit. However, there are a few critical differences.
(1) Benefit to the Superior Party:
To commit constructive fraud, the superior party (i.e., the one in whom the plaintiff put trust and confidence) must have benefited through the alleged action or inaction. However, a fiduciary does not have to personally benefit from the transaction to be guilty of a breach of fiduciary duty. Instead, the plaintiff must show the fiduciary failed to act in good faith regarding the plaintiff’s interests.[3] Thus, when a fiduciary relationship exists, all constructive fraud claims are a breach of fiduciary duty. However, not all breach of fiduciary duty claims constitute constructive fraud since a constructive fraud claims require a benefit to the superior party.
(2) Statute of Limitations:
Breach of fiduciary duty claims have a statute of limitations of three years.[4] The statute begins to run when the plaintiff “knew, or by due diligence, should have known” of the actions underlying the claim.[5] However, the statute of limitations for a constructive fraud claim is ten years.[6] This statute begins to run when the plaintiff suspects something is amiss. The plaintiff is not permitted to remain willfully ignorant. However, so long as the plaintiff could not have discovered the fraud through reasonable diligence, the statute does not begin to run.[7] This longer statute of limitations benefits parties who wish to bring a constructive fraud claim, but these parties must also prove the superior benefitted personally from the constructive fraud.
When determining which claim to pursue in court, many attorneys allege breach of fiduciary duty and constructive fraud claims in conjunction with one another. However, if knowledge of the claim arose more than three years prior to the date of filing the suit, then the statute of limitations bars a breach of fiduciary duty action. Alternatively, if there is no evidence that the accused party benefited from his/or her actions, then it is difficult to prove constructive fraud. Attorneys must look at all the facts and circumstances surrounding the case to determine which claim to pursue, and/or if pursuing both claims is preferable.
An experienced attorney can help determine one’s available remedies and the best way to proceed given the complexities of the particular situation. For more information, please visit us at www.lindleylawoffice.com.
[1] Green v. Freeman, 367 N.C. 136, 749 S.E.2d, 268 (2013)
[2] Keener Lumber Co. v. Perry, 149 N.C. App. 19, 28, 560 S.E.2d 817, 823 (2002).
[3] White v. Consol. Planning Inc., 166 N.C. App. 283, 294, 603 S.E.2d 147, 155-56 (2004).
[4] N.C. Gen Stat. § 1-52(1) (2015).
[5] Toomer v. Branch Banking & Trust, 171 N.C.App. 58, 68-69, 614 S.E.2d 328, 336 (2005).
[6] N.C. Gen. Stat. § 1-56 (2015).
[7] Shepherd v. Shepard, 57 N.C. App. 680, 682-83, 292 S.E.2d 169, 171 (1989).
Now I have been reading for years that the BAR Associations originated, are housed, and employed in the same "City of London" where the banksters are located. We were warned by the founding fathers NEVER to let either of them into the country, the banks and the attorneys, I believe, hence the original "13th Amendment" which was probably gotten rid of and replaced by these same BAR attorneys. IMHO, this has been constructive fraud from the beginning and has been perpetuated by this "statutory law scheme" forced upon us by the BAR associations and politicians, as well as the banksters for the sole purpose to destroy this country, and the world, from its inception, and I think history will bear me out, as does the writings of Ms Von Reitz. Time limitations indeed, when you control both sides of the equation, that too is constructive fraud, and also by instituting the socialist, communist, fascist, and any other destructive writings of the ages to the education system of our country and others as well. The whole world has been bamboozled by these crooks and reparations are now due to everyone on the planet. Our founding fathers were very smart and astute, we should have read more and payed better attention. BTW, "banksters includes any and all the families who have interest and or control of all the central banks, as well as any willing participants who wanted to get rich at the rest of our expense. Thank you Anna.
______________________________________________________
Guest Posting
If you wish to write and/or publish an article on Operation Disclosure all you need to do is send your entry to UniversalOm432Hz@gmail.com applying these following rules.
The subject of your email entry should be: "Entry Post | (Title of your post) | Operation Disclosure"
- Must be in text format
- Proper Grammar
- No foul language
- Your signature/name/username at the top
______________________________________________________
Newsletter
If you wish to receive the daily Operation Disclosure Newsletter, you can subscribe here.
______________________________________________________
Our mission at Operation Disclosure is to bring you important news events and raw intel from various sources focused on exposing the Deep State/Cabal and their downfall. We are also focused on disclosing our lost ancient origins and extraterrestrial contact.
Disclaimer: All articles, videos, and images posted on Operation Disclosure were submitted by readers and/or handpicked by the site itself for informational and/or entertainment purposes. All statements, claims, views and opinions that appear on this site are always presented as unverified and should be discerned by the reader. We do not endorse any opinions expressed on this website and we do not support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted on this website.
Copyright © 2019 Operation Disclosure
