You can never be sure that it is a fraud until someone is convicted. Convincing the company that you are the CEO of to pay you personally $5.9 million dollars for the trademark "We" (after you started the company and called it WeWork btw.) could be considered defrauding investors if the trademark "We" was not really worth $5.9m.

It's not fraud until someone wins in court. And not all cases of fraud are pursued.