When is Fraud a Federal Offense?
There are many different types of criminal offenses that fall under the broad category of “fraud.” To be clear, there are specific types of fraud under state and federal law, there are criminal offenses that contain an intention or scheme to defraud as a required element of the offense, and more. When is a fraud allegation charged as a federal offense? In general, a person may face state or federal charges for various kinds of fraud, but charges involving forms of fraud or elements of fraud will typically be charged as federal offenses when there is a federal investigative agency involved and/or when the alleged criminal act involves interstate commerce. Our Florida fraud and federal charges defense attorneys can explain in more detail.
Florida Statutes and State Fraud Charges
Under the Florida Statutes, a person can face charges under state law for various forms of fraud, including a violation of the Florida Communications Fraud Act under Section 817.034, as well as under a range of other specific offenses listed in the Florida Statutes that have an intent to defraud as an element of the offense, such as “giving worthless checks under Section 832.05.
Depending on the specific alleged offense, you could face state and federal charges for various types of fraud.
Interstate Commerce and Federal Fraud Offenses
But when does fraud become a federal offense? Generally speaking, fraud will be charged under federal law, and as a federal offense, if a federal agency is involved in the investigation and/or if the alleged act of fraud crosses state lines and involves interstate commerce in any way. Nearly any type of fraud that involves banks, the US mail system or any other interstate delivery system, or the internet involves interstate commerce. Agencies commonly involved in investigating federal fraud include the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), or the US Postal Service.
Federal fraud offenses can be charged under 18 USC Section 1341 or “frauds and swindles,” as well as under Section 1344 or “bank fraud,” for example, as well as various other sections of the United States Code that contain specific fraud-related offenses.
Common Types of Fraud Charged Under Federal Law
What types of fraud are commonly charged under federal law? Consider the following list, for example:
- Tax fraud (including tax evasion);
- Bank fraud;
- Bankruptcy fraud;
- Identity theft;
- Insurance fraud;
- Mail fraud;
- Wire fraud;
- Credit card fraud; and
- Securities fraud.
The above is just a list of examples. Other forms of fraud can also be charged under federal law.
Contact a Tampa Criminal Defense Attorney to Begin Working on Your Defense to the Federal Fraud Charges You Are Facing
Are you being investigated under federal law for a type of fraud, or have you already been arrested and charged with fraud under a federal statute? It is important to get in touch with a defense attorney with experience handling federal criminal charges as soon as possible. You are likely facing serious felony charges — even with the types of white-collar offenses discussed above — and could be facing a significant prison sentence if you are convicted. An experienced Tampa federal charges defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today to learn more about your case and to begin working with you on your defense strategy. Contact our firm for assistance.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0817/Sections/0817.034.html
