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BANK FRAUD

North Carolina Bank Fraud Lawyers

Bank fraud is a serious white collar financial crime that can be committed by everyday people. The Federal Bureau of Investigation (FBI) and its partner agencies, including the Securities and Exchange Commission (SEC), the Internal Revenue Service (IRS), the U.S. Postal Inspection Service, and the U.S. Treasury Department’s Financial Crimes Enforcement Unit (FinCEN), have seemingly unlimited resources to investigate and prosecute both simple and sophisticated bank fraud schemes.

Title 18, United States Code, Section 1334 is the federal bank fraud statute. It states, “[w]hoever 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; shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.”

In other words, if an individual or corporation fraudulently obtains (or attempts to obtain) from any financial institution money or anything else of monetary value, that person or company may be found guilty of bank fraud. As the statute makes clear, the penalties are substantial — a fine of up to $1 million, or worse, up to 30 years in federal prison.

The penalties for bank fraud can vary depending on the specifics of the case, including the amount of money involved, the level of planning and sophistication of the fraud, and the criminal history of the defendant.

And, as in any federal criminal prosecution, aiding and abetting and/or conspiracy liability can result in equally crippling consequences.

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EXAMPLES OF BANK FRAUD

Bank fraud refers to any illegal activity that involves the use of banking services, institutions, or processes for fraudulent purposes. Common types of bank fraud are:

  • Check fraud: This occurs when an individual or business issues a check with insufficient funds or falsifies a check. It also includes the use of fake checks, forged signatures, or altered checks.
  • Credit card fraud: This occurs when someone uses a stolen or fake credit card to make purchases or withdraw cash. It may also involve skimming, where the fraudster obtains credit card information from a legitimate transaction.
  • Identity theft: This occurs when a fraudster uses someone else’s personal information, such as social security numbers or bank account numbers, to open new accounts or take out loans.
  • ATM skimming: This occurs when a fraudster installs a device on an ATM to collect card information and PINs.
  • Phishing scams: This occurs when a fraudster uses email or other electronic communication to trick individuals into providing personal information, such as bank account numbers or passwords.
  • Wire transfer fraud: This occurs when a fraudster convinces someone to wire money to a fake or unauthorized account.
  • Money laundering: This occurs when illegal funds are disguised as legitimate funds and moved through bank accounts to hide their origins.
  • Mortgage fraud: This occurs when a fraudster provides false information on a mortgage application to obtain a loan.
  • Investment fraud: This occurs when a fraudster provides false information to convince an individual to invest in a fake or illegitimate investment opportunity.

Our federal bank fraud attorneys have extensive experience defending people who have been charged with serious white collar financial crimes in federal district court. We work tirelessly on each and every federal criminal case to mount the best defense possible, whatever the circumstances may be.

We represent people who have been accused of bank fraud in all of its various forms. Our attorneys understand the complexities and nuances that can lead to an ill-targeted prosecution. As with every single case, we will conduct a thorough investigation of all of the allegations against a defendant, scrutinize the evidence presented, and work to build a strong defense that is tailored to each client’s specific circumstances.

Our law firm represents people who have been accused of conspiring with others to commit any number of federal criminal offenses. The federal conspiracy statutes are among the most commonly used criminal laws that allow suspected individuals to be charged and punished as though they committed the underlying offense. Our attorneys have substantial trial and appellate experience in conspiracy cases, and will work to achieve the best outcome possible in each and every case.

We represent individual employees and companies in internal investigations. For companies, we work with both inside or outside counsel to analyze risks and recommend actions in the best interest of the company. We also have extensive experience representing individual employees and executives when their interests and the company’s are not necessarily aligned. In either scenario, we work to help our clients to obtain the best outcomes possible.

Mail fraud is a serious federal offense that can result in up to 20 years in federal prison. Blue LLP represents people who have been accused of using the U.S. Postal Service and/or private carriers to engage in mail fraud. Contact one of our experienced attorneys today to learn more about how we can help.

Small business owners and medical practitioners facing criminal charges for Medicare and Medicaid fraud risk not only paying substantial fines and restitution but also prison. Our lawyers have represented people accused of Medicare and/or Medicaid fraud, and have defended against civil and criminal investigations. Contact us to learn more about our experience with these types of cases.

We represent clients facing federal wire fraud charges. Wire fraud is a serious federal offense that can carry significant penalties, including prison sentences and fines. We have extensive experience defending clients against wire fraud charges and other federal criminal offenses. Our team will work closely with you to develop a legal strategy tailored to your unique situation and goals.

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