Bank fraud is a serious white collar crime that involves obtaining money from a financial institution. Federal bank fraud charges carry severe penalties for a conviction, including a statutory maximum sentence of 30 years in prison.
Examples of bank fraud include:
- Check fraud: Examples of check fraud involve using fake checks for deposits, using a false identity to deposit checks and a using stolen checks to withdraw cash from a bank account.
- Deposit account fraud: Deposit account fraud, also called check kiting, occurs when a bank records an in-transit or non-existent cash it into a bank account. One example of this type of bank fraud is when a person pays with a fraudulent check or withdraws from an account and the bank pays based on the unfunded deposit.
- Falsification of loan applications: Falsification of loan applications is a type of crime that involves misrepresenting information on, for example, a mortgage or a business loan application in order to secure approval of the loan. This type of bank fraud is also known as mortgage fraud or loan fraud.
- Credit card fraud: This type of fraud works in a similar way to check fraud, but is accomplished with credit cards.
The government is not required to prove that the defendant knowingly made false misrepresentations directly to a bank. But good faith is a complete defense to bank fraud because good faith negates the element of intent to defraud required for a bank fraud conviction.
Many alleged bank fraud schemes make use of the Internet and the mail, which can implicate wire fraud or mail fraud charges. Ann Fitz has a thorough knowledge of the complex nature of these charges, and she can create a vigorous defense for your case. She will guide you through the federal criminal process and keep you informed of the latest case developments.
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