What are the types of bank fraud charges?

There are several types of bank fraud, including bank impersonation, forgery, fraudulent loans, internet fraud, ATM fraud, check fraud, and wire fraud. Each type involves stealing money or personal information from a bank or its customers through deception. Bank fraud charges can carry severe penalties, including fines and imprisonment, so it's crucial for individuals to be aware of these frauds and take precautions to protect themselves and their finances.

What is bank impersonation?

Bank impersonation is a type of financial fraud in which criminals pretend to be a legitimate bank or financial institution in order to steal money or personal information from victims. They may use fake websites, phishing emails, or make phone calls to victims, asking for sensitive information such as account numbers and passwords. To protect against this type of scam, individuals should never provide sensitive information unless they are certain it is to a legitimate bank representative, be cautious of unsolicited requests for information, and always verify the authenticity of requests with their bank directly.

Forgery is a type of crime that involves creating or altering a document with the intent to deceive for illegal financial gain. Examples include forging a signature on a check or altering its amount which can take many forms involving various types of documents. The consequences can include jail time, fines, and a criminal record, so it's important to protect against forgery by using security features, being cautious when signing or accepting checks, and safeguarding personal identification information. If one suspects forgery, it's important to report the crime to the authorities promptly.

What are fraudulent loans?

Fraudulent loans are a type of bank fraud where individuals obtain loans through deceptive means such as using false information or someone else's identity. The act can result in significant financial losses for the lending institution and damage the credit standing of the individual committing the fraud. To prevent such activities, individuals should be cautious when applying for loans and protect their personal information, and report any fraudulent loan activities to the authorities to seek compensation for financial losses.

What is internet fraud?

Internet fraud is a type of bank fraud that happens online. It encompasses a range of criminal activities that aim to steal money or personal information through phishing scams, fake online storefronts, and other schemes. To protect against internet fraud, individuals should be cautious when providing personal information online, look for security indicators such as the padlock icon or "https" in the website's address bar, and be wary of unsolicited emails or calls from financial institutions.

What is the punishment for bank fraud charges?

In general, bank fraud can result in severe consequences such as fines, imprisonment, and the possibility of being ordered to pay restitution to the victims of the fraud. The punishment can range from several years in prison to life in extreme cases, along with monetary penalties. It is also important to note that a bank fraud conviction can have long-lasting consequences beyond the sentence, impacting a person's personal and professional life.

What is the most common defense to fraud charges?

The most common argument against fraud allegations is the lack of intent to deceive. Bank fraud can happen when false financial information is unintentionally submitted. The accused isn't responsible for bank fraud if the inaccuracies in financial records were due to errors in accounting and not a deliberate fabrication.

What factors may influence the outcome of a bank fraud case?

The quality of the evidence, the credibility of witnesses, and the efficacy of the defense strategy are all factors that may impact the outcome of a bank fraud case. Additionally, the defendant's prior criminal record, their level of cooperation with authorities, and the judge and jury's interpretation of the law and facts of the case can also play a role in determining the outcome of a bank fraud case.

What Is the Difference Between Bank Fraud and Bank Robbery?

Bank fraud refers to illegal activities aimed at deceiving banks or financial institutions to obtain funds or valuable information through false representation or manipulation. This type of crime is committed through methods such as false identities, forged documents, and phishing scams. On the other hand, bank robbery involves physically taking property from a bank through the use of force or threat of force, and is considered a serious crime that is typically pursued as a federal crime.

How can I contact Lebedin Kofman LLP?

If you need the help of a New York criminal defense lawyer, you can call us at (646) 663-4430. You can also send us an email at info@lebedinkofman.com. Another way to contact us is by filling up the contact form on our website at https://www.lebedinkofman.com/contact-us/

NYC Bank Fraud Criminal Lawyer - Lebedin Kofman LLP - Criminal Defense Attorney - Bank Fraud Lawyer

Protecting Your Rights & Fighting for Your Freedom

Under 18 USC §1344, bank fraud occurs when an individual or entity knowingly engages in a scheme to defraud a financial institution. Bank fraud may also occur when an individual obtains any of the money of a financial institution by means of false or fraudulent pretenses, representations, or promises.

A material misrepresentation may take many forms. To be fraudulent, any misrepresentation must be related to the scheme. It must either help the defendant perpetrate the crime or convince a purported victim to believe the defendant. Federal bank fraud requires that a scheme to defraud must have existed at the time the alleged crime occurred. A scheme is a course of action taken to deprive another person, business, or organization of property or money. For an alleged crime of bank fraud, the other person, business, or organization is a financial institution.

If you are facing allegations of bank fraud, mail fraud, or other types of fraud, it is important to seek the legal representation of an experienced New York fraud attorney right away.

Related Offenses:

Call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to schedule a free consultation with one of our criminal lawyers in New York.

THE DEFINITION OF BANK FRAUD IN NEW YORK

Under 18 USC §1344, bank fraud occurs when an individual or entity knowingly engages in a scheme to defraud a financial institution. Bank fraud may also occur when an individual obtains any money from a financial institution by means of false or fraudulent pretenses, representations, or promises.

Federal criminal code says that bank fraud can be committed by a defendant when they execute or attempt the execution of a scheme, artifice, or other means to defraud a financial institution. Bank fraud can also occur if the person gains any money, funds or credit, assets, securities, and other property that is under the custody of a financial institution by scheming or artifice.

The following are some of the common terms involved in a bank fraud case:

Scheme or Artifice – There is no exact definition of “scheme, artifice” but it is often understood to be a plan to deceive others through false or fraudulent pretenses to get money, property, and services. An example of a scheme is impersonating another person to withdraw funds from his bank account.
Fraud – Fraud is defined as a deceptive act designed to result in financial gain. Impersonating another person is considered a fraudulent act if the reason behind the act is to gain finances that belong to someone else.
Pretenses, Representations, or Promises – False representations, promises, and pretenses are a variety of criminal actions that can be equated to lying or creating a false narrative. For example, if a person impersonates someone else and tells the bank teller that they are who they are impersonating, then they are committing the act of false pretense or false representation. An example of a false promise would be to sign a promissory notice to repay a loan knowing full well that it will not be repaid.

If you are facing bank fraud charges in New York, it is important to seek the help of experienced bank fraud attorneys right away. A skilled lawyer may be able to help you create a solid defense to protect your rights and freedom. Contact us today to schedule a free consultation.

Types Of Bank Fraud Charges

Types of bank fraud include bank impersonation, forgery, fraudulent loans, and internet fraud:

Bank impersonation occurs when one or more person acts as a financial institution, often by setting up fake companies or creating websites, in order to lure people into depositing funds.
Forgery occurs when a person alters a check, such as adding a zero to the end of a number, resulting in more money being deposited in the forger’s pocket than intended by the check writer. Forging a person’s signature in order to cash or deposit a check is also considered forgery.
An individual who takes out a loan, knowing that he or she will immediately default on the loan or file bankruptcy has committed bank fraud. An individual has also committed bank fraud if he or she uses a false identity to obtain a loan or forges information on a loan application.
Internet fraud occurs when someone creates a website for the purposes of posing as a financial institution to fraudulently obtain money deposited by other people.

When someone is charged under 18 USC §1344, the prosecution must prove beyond a reasonable doubt that:

There was a scheme to defraud a bank or other financial institution or to obtain money, funds, credits, assets, securities, or other property owned by or in the custody or control of a bank or other financial institution by means of false or fraudulent pretenses, representations, or promises;
The defendant knowingly executed the scheme;
The defendant acted with the intent to defraud; and
The scheme involved a materially false or fraudulent pretense, representation, or promise.

A conviction for bank fraud can have a wide range of consequences including incarceration, career decimation, or even deportation for a non-citizen. If convicted of bank fraud, the defendant may be sentenced to up to 30 years in prison and fines reaching $100,000, plus full restitution costs.

At Lebedin Kofman LLP, NYC criminal lawyers Russ Kofman and Arthur Lebedin will work hard when it comes to representing our clients. Contact us for a free consultation with our criminal defense attorneys in New York at (646) 663-4430.

Bank Fraud Defense Lawyers Penalties For A Bank Fraud Case

Bank fraud convictions are punishable under federal law. The statute allows bank fraud convictions to be sentenced to up to 30 years in prison and/or a maximum of $1 million fine.

The severity of punishment will vary depending on the facts of each case. Federal sentencing guidelines specify the amount of punishment to be applied based upon the value of the property or money involved, as well as other factors.

Financial crimes can also include violations of federal statutes such as the Racketeer Induced and Corrupt Organizations Act (RICO) or the Patriot Act. Violations of these statutes could increase a defendant’s risk of receiving a harsh sentence.

At Lebedin Kofman LLP, experienced NYC bank fraud lawyer Russ Kofman and New York criminal defense lawyer Arthur Lebedin have dedicated their work to representing those who are accused of criminal offenses. If you or someone you know is charged with bank fraud, contact us today at (646) 663-4430 for a free consultation.

Criminal Defense Lawyers ExplainsPossible Defenses to Bank Fraud

There is a 10-year statute of limitations for a bank fraud charge and this can also serve as a defense. This means that bank fraud must be brought against the defendant within ten years of being committed. This is important because many statutes start running from when the crime is committed. Many crimes involving fraud are often discovered years after they were committed. However, the federal statute specifically states the statute of limitations runs from the date the fraud is committed.

Reviewing the criminal investigation by law enforcement may reveal other defenses. The Fourth Amendment of the U.S. Constitution, for example, protects citizens from unlawful searches and seizures, including electronic surveillance. The evidence against the accused can be diminished if the law enforcement agency conducts surveillance or other searches and seizes without court approval (a warrant).

Finally, the most common defense to fraud charges is that a defendant didn’t intend to defraud. Bank fraud can be caused by incorrect financial records submitted by a defendant that was not intentionally falsified. If the financial records are technically falsified due to incorrect bookkeeping, but not intentional falsification, the defendant has no liability for bank fraud.

Getting The Help Of Experienced NYC Bank Fraud Criminal Lawyer

Being charged with bank fraud can carry severe penalties that can impact a person’s life for a long time. This is why it is very important to seek the help of an experienced bank fraud attorney. Having a skilled defense lawyer when it comes to charges of bank fraud may help the defendant create solid defense strategies.

These defense strategies may help the defendant ensure a favorable outcome in their case. Contact us at (646) 663-4430 for a free consultation.

Schedule A free Consultation

Legal Team

Reviews

Case Results

Our Clients Share Their Experiences

The Opinions That Matter Most

Thank you so much for all of your advice and help!

“I can’t say enough good things about these guys. Their service is worth every penny, super responsive and have a wonderful staff. I had consulted so many other lawyers and just didn’t feel they were a right fit. From the moment I spoke to Mr Kofman, I felt so much better and confident in him. Everything he said he would do, he did. I was not charged a penny more than what I was quoted, which was surprising from my previous experiences with other lawyers. On top of that, I feel like the whole team went above and beyond for us. I highly recommend these guys to everyone.”

– Masha Liro

Leave your TRUST and CONFIDENCE to them, 100% their expertise gave results done what's the best for you.

“My case was handled by Mr.Conor McNamara. I got peace of mind and the result of my case during the pandemic, 2020 was very satisfying. My court case is in New York but I’m living in another state …”

– E.C.

I normally would not write for a criminal defense attorney but I feel like the service was so exceptional that I really wanted to.

“I dont want to go into details in a public forum, but I am very satisfied and grateful for the defense I received. I would recommend this law firm to anyone facing a tough legal situation in Manhattan.”

– Beryl Beattey

I was in a jam and this firm helped me out of it quickly and smoothly!

“When I first called on a Friday, they called back immediately which I thought was great because my issue was time sensitive and I didn’t want to wait until Monday. During the entire process, there was great communication and I’d highly recommend them for anything you may be going through!”

– Jasmine Clemente

If you need someone to prove your innocence, these are your guys!

“For the past year I’ve been fighting for my freedom. My world seemed like it was crashing before my eyes. I had 2 felony gun possession cases in Manhattan. From the beginning Russ and John were there. I was denied bail at my first hearing but they fought to over turn that so I can fight the case from the outside world instead of a jail cell. They even got my bail reduced to a reasonable number afterwards. Moving forward they faught hard and relentless. Until ultimately BOTH cases were dismissed. Miracles do happen.”

– Muhamadou Saho

Russ Kofman and his team are amazing!

“Can’t say enough good things about how the team seamlessly and professionally handled the case from beginning to end. they are dedicated, determined and extremely successful in their craft. I would recommend their services to anyone!”

– Logan Kenney

Very responsive law office that I would highly recommend for great results

“Everything in the case went exactly as promised and I would recommend them without hesitation. We had Russ’ cell and he answered questions via text even on evenings and weekends. He laid everything out play by play and we still keep in touch.”

– New Era

Lebedin Kofman LLP is INCREDIBLE!!!!!

“Arthur and his team demonstrate exceptional professionalism and legal expertise. I was so scared when I received a letter from the court but, Arthur and his team took the time to carefully explain my options and they worked with me to find a solution. Not only did they solve the problem, they got the case thrown out. I can’t praise their work enough. I’ve never written a review in my life , but, I had to for Lebedin Kofman LLP.”

– James Garland

He was able to dismiss my case and save tons of money on future fines

“Going in for my DMV chemical refusal case, I was very anxious having my license being revoked for a up to a year. The odds were stacked against me, having little hope of any positive certainty. Russ …”

– G

This law firm is extremely professional and knowledgeable.

“This law firm is extremely professional and knowledgeable. I contacted the firm via email for advice on a case, Stephannie Miranda emailed me back promptly and placed me in touch with Arthur Lebedin. …”

– Jack

He got the case completely dismissed.

“I had the pleasure of using Lebedin Kofman LLP, I was greatly satisfied, my son had a very difficult case, assault on NYC police officer, and he got the case completely dismissed. They also work with …”

– Gwendolyn

Best attorney in NYC, hands down!

“I would recommend them to ANYONE. I am so glad I hired Russ as my attorney. He was so quick and efficient with my case and kept me updated with everything. If you’re in need of a criminal defense attorney, look no further and call this firm. You will not regret it.”

– Charles Green

They worked, fought and won my case.

“I must commend Lebedin and Kofman for their excellent and professional service. They worked, fought and won my case. Their service has no parallel. Excellent, professional and humane staff. Thank you …”

– Bernadette

Outstanding. Truly professional in all ways relating to law.

“From customer service to experience in the field – I cannot recommend them enough. Answered phones on all hours, constantly available, consistently reliable. Truly appreciate all of the help, will always be recommending you all.”

– Jake Malishkevich

Lebedin Kofman has been great to me.

“They were very understanding regarding my lawsuit and did everything in their power to help me. Kelsey Was amazing, answered back in a timely manner whenever I had Questions and never made me feel uncomfortable or like It wasn’t worth it. They worked hard and ended up getting me a nice sized lawsuit. I appreciate them for all of their work and would recommend to anyone looking for a lawyer who actually cares about you and your case.”

– Johnathan Franceschi

Our Commitment

Fighting For Your Best Interest

We Have a Highly Experienced Legal Team

When You Hire Us, You Get Us

We Speak Korean, Mandarin, Portuguese, Russian & Spanish

We Offer Free Consultations In Person & Over The Phone

We Have a Proven Track Record

We Are Available 24/7

Request a Free Consultation

Please fill out the form below and we will respond to your inquiry within
24-hours guaranteed.