Available 24/7. FREE attorney consultation via phone, video conferencing, or in person

Call For Your Free Consultation

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

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.

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

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

Our Clients Share Their Experiences

The Opinions That Matter Most

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.