NYC Bank Fraud Lawyer
Federal Bank Fraud Lawyer in New York
Year after year, there is an increasing number of individuals and business entities that find themselves under investigation for or charged with committing fraud against a financial institution regulated by the federal government. Whether the crimes being considered to involve alleged misrepresentations or suspect documentation connected to a loan or line of credit application or the passing of forged or fraudulent checks, an “inside job” involving the diversion of account assets to third parties, the withdrawal of funds based on false pretenses or any other scheme to defraud a bank, federal bank fraud is a very severe legal charge which, upon conviction, can carry a prison sentence of up to 30 years as well as crushing monetary penalties. In addition, because many frauds against financial institutions also involve other federal offenses such as identity theft, money laundering, tax evasion, mail or wire fraud, defense of bank fraud charges is ever the more delicate matter. Your first move should be to speak with an NYC bank fraud lawyer right away.
If you believe you are under investigation by the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Division, or other federal authorities or have been charged in federal court with bank fraud or conspiring to commit bank fraud, it is critically important that you quickly retain an experienced federal criminal defense attorney to fight for your interests. And not just any defense counsel but one familiar with and adept at analyzing the complex financial records usually at the heart of these cases. For more than 30 years, NYC bank fraud lawyer Fred Sosinsky has been successfully representing clients accused of federal bank fraud charges in the United States District Courts. They have ranged from international hackers to those who would pass counterfeit checks to a teller. If involved early enough in a case, Fred is often able to prevent a client from being arrested. He has in-depth knowledge of how federal prosecutors put these cases together and where to look for vulnerabilities in proof that may serve ever useful as a defense. Fred has also kept many clients from serving time for federal bank fraud. Fred’s skillful advocacy at federal sentencing proceedings can give you the chance you need to put bank fraud charges behind you. Contact Fred Sosinsky now to learn what can be done for you.
What is Federal Bank Fraud?
Under federal law, a person may face bank fraud charges in New York when he or she knowingly engages in a scheme to defraud a federally insured financial institution or when he or she obtains any money, credit, securities, or other property from such a financial institution by means of materially false or fraudulent pretenses, representations, or promises. Much like the federal wire and mail fraud statutes, bank fraud is a broadly construed crime encompassing a wide range of unlawful conduct engaged in knowingly.
Federal bank fraud charges typically involve allegations that the accused was involved in one or more of the following activities: provided the bank with false or misleading information, documentation, including contracts, tax returns, or appraisals in a mortgage, line of credit, or home equity application; provided the bank with false or misleading information in a commercial loan application; deposited or cashed forged, stolen or counterfeit checks or other instruments and obtained money from the bank; utilized stolen PIN to obtain funds from the bank; used “straw borrowers” in connection with a loan application. Federal bank fraud charges stemming from application fraud may be brought even though the borrower has not defaulted on a single payment to the bank and in that sense, the bank has suffered no loss. This is because the crime is committed when one obtains the loan — which they otherwise would not have qualified for — based on false pretenses.
There are Defenses to Federal Bank Fraud
An experienced, NYC bank fraud attorney may be able to defend against these types of white collar charges by raising doubts about each of the elements which must be proven by the government. Thus, for example, counsel may be able to challenge whether the accused knew that a statement or document provided in connection with a financial transaction was false or fraudulent. So too, a skilled attorney may be able to show that the financial institution knew that a statement or document provided to them contained false or misleading information or documentation but extended a loan nonetheless. If this is the case, there may be questions about whether the requisite element of reliance upon the misrepresentation was proven. Finally, there may be a defense offered of lack of financial harm as a result of the fraud established.
Sentencing For Federal Bank Fraud Charges In New York
Although the maximum sentence that may be imposed for federal bank fraud is 30 years in prison, as with all federal felonies, there are non-binding sentencing guidelines that federal judges must first calculate and consider along with other factors when deciding upon the appropriate punishment for bank fraud. These sentencing guidelines are, for the most part, arrived at by determining the total amount of “loss” caused by the crime and the manner by which the fraud against the bank was committed, i.e., was the fraud simple or sophisticated. Also to be considered under the sentencing guidelines is the role in the overall scheme that the accused played. A skilled NYC bank fraud lawyer then must convince the sentencing court that the background and history of his or her client, including struggles and successes, charitable work, the assistance provided to others, and repayment of funds wrongfully obtained, militates in favor of a lesser, or often non-incarceration, sentence.
Contact A Respected NYC Bank Fraud Lawyer Today
If you are the subject or target of a federal bank fraud investigation by the DOJ, FBI, IRS-CID, or other federal agency or are facing a federal complaint or indictment for such charges, get in touch with an aggressive, seasoned defense federal criminal defense attorney who will lead your defense — through trial if necessary — NYC bank fraud lawyer Fred Sosinsky.