Federal Bank Fraud charges can be brought by the Government under three Federal criminal statutes that govern offenses by or against financial institutions under the Bank Fraud Statute (“BFS”), 18 U.S.C. § 1344.
Federal investigation agencies (such as IRS, FBI) sometimes investigate allegations of bank fraud for months or years… depending on the complexity of the scheme involved and the behavior of those involved. It is important to contact an experienced federal criminal defense attorney, who specializes in white collar fraud crimes, as soon as you become aware of the investigation. Receiving a subpoena for documents, or being contacted by any federal agency is a clear sign that there is some kind of investigation going on. Lorraine Gauli-Rufo is an experienced federal criminal defense attorney in New York and New Jersey, who has handled many cases involving charges of bank fraud.
Types of Charges:
Bank fraud can involve many charges such as loan fraud, forging checks, money laundering, falsifying loan documents or financial documents, or any number of fraud based financial crimes involving a federally insured bank.
Criminal Schemes and Related Crimes and Charges:
Criminal Bank Fraud may involve charges of particular schemes, that can include acts of an individuals or group of people, and may include substantive charges or charges of conspiracies and even RICO (Racketeering) and is often dependent on the number of people involved, the nature and complexity of the alleged scheme, and other factors. These actions can include a concerted effort to carry out the alleged fraud, or the actions of covering up or hiding the fraud.
Bank Fraud charges are often boot-strapped to other federal crimes that are also being investigated or ultimately charged, including mail fraud, wire fraud and money laundering, and can often form the basis of a Federal RICO charge.
18 U.S.C. § 1344, which is the Federal Bank Fraud Statute provides:
Whoever 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.
A common defense to all fraud crimes including Bank Fraud, is that the defendant did not commit any acts knowingly with the intent to defraud. There are other defenses and potential motions to dismiss the charges, as well as other actions that can be taken prior to any actions being brought, which is another reason to seek out a seasoned and experienced federal criminal defense attorney.
If you or a loved one have been charged or are being investigated by a federal agency for bank fraud, contact Montclair and Wayne Federal Criminal Defense Attorney Lorraine Gauli-Rufo, immediately.