Home › Topics › Fraud Topic Fraud 8 maxims cross-cutting the 12 books 7.2.1 It is fraud to conceal a fraud. Fraus est celare fraudem. Source: 1 Vern. 270; Story, Eq. Jur. §§ 389-390; Weisman, 29r One who knows of a fraud and conceals it becomes a party to the fraud itself — silence in the face of known deceit is active participation. 7.2.2 Fraud is odious and is not to be presumed. Fraus est odiosa et non praesumenda. Source: Cro. Car. 550; Jackson, No. 296; Weisman, 29s The law does not presume fraud but requires it to be proved by clear evidence — yet once proved, every presumption turns against the wrongdoer. 7.2.3 Fraud is not purged by circuity. Dolus circuitu non purgatur. Source: Bacon, Max. reg. 4; Broom, Max. 228; Noy, Max. 9, 12; Weisman, 29p A fraudulent act cannot be laundered into legitimacy by running it through intermediate steps, agencies, or transactions — the taint follows every link in the chain. 7.2.4 No right of action arises from fraud. Ex dolo malo non oritur actio. Source: Cowp. 341; Broom, Max. 729; Phelps v. Decker, 10 Mass. 276 A party who has himself engaged in fraud cannot invoke the courts to enforce an advantage gained by that fraud — the law will not assist the fraudulent. 7.2.5 Fraud and justice never dwell together. Fraus et jus nunquam cohabitant. Source: Wing. Max. 680; Weisman, 29t Where fraud is found, right cannot coexist — justice demands that every trace of fraud be rooted out before any claim built upon it can stand. 7.2.6 Fraud and deceit should be a defense or advantage to no one. Dolus et fraus nemini patrocinari debent. Source: 3 Coke, 78b; Fleta, lib. 1, c. 13, § 15; Best, Evid. p. 469 No man shall profit, find shelter, or gain legal advantage through his own deceit — the law strips every benefit built on fraudulent foundations. 7.2.8 Once a fraud, always presumed a fraud. Semel fraudator, semper praesumitur fraudator. Source: 13 Vin. Abr. 539; Weisman, 29i A proven pattern of fraud raises a continuing presumption — the law does not extend fresh credit to a demonstrated deceiver. 9.6.6 Fraud corrupts everything it touches. Fraus omnia corrumpit. Source: 1 Story, Eq. Jur. §395; Broom, Max. Where fraud is established, it vitiates the entire transaction — no part of an instrument or proceeding tainted by fraud may stand, for the corruption extends to the whole.