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When you face a drug charge, you may be confused over what makes it a federal crime and not a state crime. You may also wonder what the classifications of drugs mean and how that can affect the outcome of your case. There are many aspects you should understand when facing such charges so that you can go to court prepared.
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Federal Criminal Defense Lawyer
Fraud Defense Attorney
Fraud offenses are a classification of crimes in which an act of theft is carried out by trick, deception or another similar device. Fraud crimes include offenses such as banking fraud, mortgage fraud, identity theft, wire fraud and mail fraud, and Medicare Fraud and Healthcare Fraud. While common crimes such as petty theft and shoplifting can come with substantial penalties, fraud crimes are often prosecuted much more severely because of the violation of trust that is involved. Furthermore, these crimes often involve a substantial amount of money.
Not everyone investigated for or charged with fraud has engaged in conduct a layman might consider “criminal”. Some types of fraud like government fraud under the False Claims Act or securities fraud can and are prosecuted when there is no evidence of a “specific intent” to defraud. Frequently, government agents will rely upon a doctrine called “deliberate indifference” to argue that an individual is guilty of a violation because he or she knew or should have known of the criminal conduct involved. There is a fine line between intent and mistake. The presence of “intent” renders the conduct a crime. The absence of intent renders the same conduct a non-criminal mistake.
If you are suspected of or have been charged with a fraud offense, you need to seek the advice of an experienced fraud defense lawyer. It is critical to understand your rights and how you can best defend yourself if the case goes to trial. Below is an overview of the most commonly charged fraud cases:
The Definition of Fraud
Fraud is an unlawful act that occurs when a perpetrator makes an illegal gain or denies an earned right to a victim. Fraud can occur in nearly any industry, including finance, insurance, investment and real estate. Fraudulent acts can occur in the purchase of real property such as land, art or personal property, as well as intangible property such as intellectual property, including trade secrets or other intellectual property. Unlawful activities can be carried out by an organization, a group of people or an individual.
States and the U.S. federal government have laws that criminalize fraud. However, these actions may not always result in a criminal trial; civil proceedings can also occur. District prosecutors can decide whether to send a case to trial or may pursue other actions such as mediation or a settlement. If the prosecutors decide to send the case to trial, the accused can be convicted and sentenced to jail time.
Banking fraud is a broad term used to describe a number of fraudulent activities aimed at stealing money from a bank, financial institution or a bank’s depositors. For legal purposes, a financial institution is one that has federal backing, such as the Federal Deposit Insurance Corporation and Federal Reserve banks.
A person commits bank fraud when he or she uses deception or some other deliberate action to defraud a financial institution for personal gain. Personal gain can come in many forms, including money, assets, credit, securities or property.
There are many different types of banking fraud, each of which the U.S. Secret Service Agency must investigate and prosecute. The most common types of bank fraud, however, include forgery, bank impersonation, fraudulent loans, internet bank fraud and stolen checks. A crime of this nature is a federal offense and, if convicted, a person faces up to 30 years in prison and up to $1 million in fines.