Defending Against Federal Bank Fraud Charges
Have you recently received a target letter that alerted you to a federal bank fraud investigation that could result in your facing criminal charges? Or have you already been charged with the federal criminal offense of bank fraud? Whether the federal government’s case is in its early stages and you may be merely under investigation, or you have already been charged and the case is farther along, you need to begin thinking carefully and fully about defense options. As soon as you have any information about a possible federal bank fraud investigation against you, or bank fraud charges, you should begin discussing defense strategies with a federal criminal defense attorney.
What are potential defense strategies for bank fraud charges? Consider the following information from our Tampa federal fraud defense lawyers.
Understanding Federal Bank Fraud
In order to understand possible defense strategies to bank fraud allegations, it is important to have a clear understanding of the offense itself. Under 18 USC 1344, the following is true:
“Whoever knowingly executes, or attempts to execute, a scheme or artifice . . . 1) to defraud a financial institution; or 2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises” commits bank fraud under the federal statute.
Upon conviction, a person can be fined up to $1,000,000 and/or imprisoned for up to 30 years.
Potential Defense Strategies to Federal Bank Fraud Charges
How can you defend against the above bank fraud charges? The prosecution must prove every element of the offense, which means that proving that even one element of the above offense is not true or does not apply to your case can result in an acquittal or the charges being dropped. The following are some common defense strategies to federal bank fraud:
- You had no intent and did not knowingly take any of the actions that resulted in the charges against you (fraud charges, including bank fraud, require intent, and without evidence of intent, the government will not be able to convict you of the charges);
- You acted in good faith, meaning that you believed your auctions were lawful; or
- You acted under duress.
Contact a Tampa Criminal Defense Attorney Today for Assistance Building a Defense Against Federal Charges for Bank Fraud
Are you currently under federal investigation for bank fraud or related charges, or have you been charged with bank fraud or a related fraud offense? Federal criminal fraud charges are extremely serious, and a conviction will result in prison time, substantial monetary fines, and a felony criminal record that will continue to have collateral consequences long after you have served the terms of your sentence. It is crucial to begin working with an experienced Tampa federal bank fraud defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. as soon as possible. Contact our firm today to learn more about the federal fraud cases we handle and to begin working with us on a defense strategy for your case.
Source:
law.cornell.edu/uscode/text/18/1344
