What Are Possible Defenses to Federal Check Kiting Allegations?

Have you recently received a target letter alerting you that you are under investigation for bank fraud in relation to check kiting, or have you already been charged under the federal bank fraud statute in connection with check kiting allegations? While check kiting can be charged under state or federal criminal law, you should be aware that charges under federal law tend to be much more serious and can result in a very long prison sentence in the event of a conviction. As such, you need to begin working on a defense strategy with an experienced federal criminal defense attorney as soon as possible — from the moment you learn that you are under investigation, if possible.

What are potential defenses to allegations of check kiting and bank fraud under federal law? Our Tampa federal criminal defense lawyer can provide you with more information.

Understanding the Elements of the Offense

While other defense strategies may be relevant — such as a violation of your constitutional rights during the criminal bank fraud investigation — many strong defenses are directly related to the elements of the offense. As such, it is important to understand the specific elements of the crime you are being accused of committing.

Check kiting is not a crime with its own federal statute. Instead, when this crime is charged under federal law, it is typically under 18 USC 1344, which is the federal bank fraud statute. In order to obtain a conviction, the government must prove the following related to your alleged check kiting:

• You acted with an intent to defraud, meaning you intended to engage in check kiting;
• You used false or fraudulent pretenses in carrying out the check kiting scheme, meaning that you knowingly wrote false checks or made false deposits; and
• Your check kiting scheme involved a federally insured financial institution, meaning a bank or a credit union.

Defense Strategies to Check Kiting Allegations

How can you defend against bank fraud charges for check kiting? You may have multiple options that refer to specific elements of the offense, as well as other relevant defenses such as:

• You had no fraudulent intent;
• Alleged check kiting was actually the result of a bank mistake;
• You did not actually engage in the act alleged (i.e., mistaken identity);
• You acted under duress;
• Entrapment occurred; or
• Your constitutional rights were violated during the case, resulting in key evidence against you being unlawfully obtained.

Contact a Tampa Criminal Defense Attorney for Assistance Defending Against Federal Check Kiting Allegations 

If you are facing federal criminal charges that involve check kiting allegations, it is crucial to seek legal advice from a criminal defense attorney as soon as possible. As discussed above, federal charges for check kiting under the bank fraud statute are extremely serious and can result in an extremely lengthy prison sentence — the statute allows for imprisonment of up to 30 years and fines of up to $1 million. In short, it is critical to do everything you can to avoid a conviction, whether you have just received a target letter or you are currently facing charges. An experienced Tampa fraud defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. can begin working with you on your defense today. Contact our firm for assistance with your case.

Source:

justice.gov/archives/jm/criminal-resource-manual-826-applicability-18-usc-1344