It's not just about seeking reparations, that window has closed to a certain degree for many. It's a bummer, but that's what inaction does.
What needs to happen is legal recourse.
What needs to happen is legal recourse.
In the United States, common law recognizes nine elements constituting fraud:
-a representation of an existing fact;
-its materiality;
-its falsity;
-the speaker's knowledge of its falsity;
-the speaker's intent that it shall be acted upon by the plaintiff;
-the plaintiff's ignorance of its falsity;
-the plaintiff's reliance on the truth of the representation;
-the plaintiff's right to rely upon it; and
-consequent damages suffered by the plaintiff.
To establish a claim of fraud, most jurisdictions in the United States require that each element be pled with particularity and be proved with clear, cogent, and convincing evidence (very probable evidence). The measure of damages in fraud cases is computed using the "benefit of bargain" rule, which is the difference between the value of the property had it been as represented and its actual value. Special damages may be allowed if shown proximately caused by defendant's fraud and the damage amounts are proved with specificity.