DEMAND LETTER - FRAUD AND MISREPRESENTATION

State of Alaska

[LAW FIRM NAME]
Attorneys at Law
[FIRM ADDRESS]
[CITY], Alaska [ZIP]
Tel: [TELEPHONE]
Alaska Bar No. [BAR NUMBER]

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[DATE]

[RECIPIENT NAME]
[COMPANY NAME]
[ADDRESS]
[CITY, STATE ZIP]

Re: DEMAND - FRAUD AND INTENTIONAL MISREPRESENTATION
Our Client: [CLIENT NAME]
Demand Amount: $[AMOUNT] (plus punitive damages)

Dear [RECIPIENT NAME]:

This firm represents [CLIENT NAME] in connection with fraud claims arising from your misrepresentations regarding [DESCRIBE TRANSACTION]. Your fraudulent conduct caused substantial damages for which we now demand compensation.

THIS DEMAND RELATES TO FRAUD. PUNITIVE DAMAGES ARE AVAILABLE UNDER ALASKA LAW WITH NO STATUTORY CAP.

I. ALASKA FRAUD LAW

Under Alaska law, the elements of fraud are:
1. A false representation of a material fact;
2. Knowledge of falsity or reckless disregard for the truth;
3. Intent to induce reliance;
4. Justifiable reliance; and
5. Resulting damages.

See Jarvis v. Ensminger, 134 P.3d 353 (Alaska 2006).

II. THE FRAUDULENT MISREPRESENTATIONS

A. First Misrepresentation

Statement: "[QUOTE FALSE STATEMENT]"
When/Where/How Made: [DATE], [LOCATION], [METHOD]
By Whom: [NAME, TITLE]
Falsity: [EXPLAIN WHY FALSE]
Your Knowledge: [HOW YOU KNEW IT WAS FALSE]

B. Second Misrepresentation

[CONTINUE AS NEEDED]

III. JUSTIFIABLE RELIANCE

Our Client justifiably relied on your misrepresentations because [EXPLAIN CIRCUMSTANCES MAKING RELIANCE REASONABLE].

IV. DAMAGES

A. Compensatory Damages

B. Prejudgment Interest

At 10.5% per annum under AS 09.30.070: $[AMOUNT]

C. Punitive Damages

Alaska law permits punitive damages for fraud with no statutory cap. Our Client will seek punitive damages at trial.

D. Attorney Fees

Under Alaska Rule 82, the prevailing party is entitled to attorney fees.

V. STATUTE OF LIMITATIONS

Under AS 09.10.070, fraud claims must be brought within 2 years from discovery. Our Client discovered the fraud on [DATE]. This claim is timely.

VI. DEMAND

Within [30] calendar days, pay $[COMPENSATORY AMOUNT] in compensatory damages. Punitive damages will be sought at trial if not resolved.

VII. CONSEQUENCES

Failure to resolve will result in suit in Alaska Superior Court seeking full compensatory and punitive damages, plus attorney fees under Rule 82.

Govern yourself accordingly.

[LAW FIRM NAME]

By: _______________________________
[ATTORNEY NAME]
Alaska Bar No. [BAR NUMBER]

cc: [CLIENT NAME]