What is the test for establishing fraudulent intent?
MultiRegion, United States of America
The following excerpt is from United States ex rel. O'Donnell v. Countrywide Home Loans, Inc., 822 F.3d 650 (2nd Cir. 2016):
Of course, fraudulent intent is rarely susceptible of direct proof, and must instead be established by legitimate inferences from circumstantial evidence. United States v. Sullivan, 406 F.2d 180, 186 (2d Cir.1969). Nonetheless, where the relevant representation is made within a contract, the common law rejects any attempt to prove fraud based on inferences arising solely from the breach of a contractual promise:
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