The tort of aiding and abetting common law fraud is often asserted when an advisor or consultant to
a defendant is involved in a transaction in which plaintiff alleges the defendant committed fraud.
Plaintiffs may claim that the advisor or consultant – perhaps
with deeper pockets than the defendant – helped facilitate
the fraud, and therefore should be held accountable. Such
claims have been brought against a whole array of targets,
including financial advisors, trustees, officers and directors
and attorneys.
Download the full New York Law Journal article, "Commercial division update: The ‘substantial assistance’ element of aiding and abetting fraud claims."