What Constitutes Bank Fraud Under Federal Law?

Federal laws and authorities take bank fraud seriously and aggressively build strong cases to secure convictions. If you or someone you know is facing charges related to bank fraud, you must seek immediate representation from the right federal fraud defense lawyer.

Contact the Law Offices of Peter Katz today for trusted guidance and a strong defense in your case.

Overview of Federal Bank Fraud Charges

Under federal law, bank fraud means intentionally engaging in a scheme to defraud a financial institution or obtaining money, assets, or property owned by or under the control of a financial institution employing false or fraudulent pretenses, representations, or promises. This can include actions like:

• Depositing fraudulent checks
• Identity theft
• Making false statements on loan applications.

There are elements a prosecutor must prove to secure a conviction. To establish bank fraud, the prosecutor must demonstrate the following:

• Intent: There must be evidence that the defendant intended to deceive or defraud a financial institution. This can be shown through the defendant’s actions, such as creating false documents or engaging in deceptive practices.
• Scheme or artifice: The defendant must have engaged in a scheme or artifice to carry out the fraud. This can involve various methods, such as using forged documents, falsifying identities, or misrepresenting financial information.
• Financial institution: The fraud must have targeted a financial institution, such as a bank, credit union, or mortgage lender. The defendant’s actions must have been directed toward obtaining money, assets, or property owned or controlled by the institution.
• Materiality: The fraudulent actions must be material, meaning they are significant enough to impact the financial institution. This can include causing the institution to suffer a financial loss or exposing it to potential risk.

Proving these elements beyond a reasonable doubt can be challenging for the prosecutor. This is where a skilled bank fraud defense attorney can make a difference in your case.

Common Defenses to Bank Fraud

When facing bank fraud charges, there are various defense strategies that a skilled attorney can employ to challenge the prosecution’s case. Some common defenses include:

Lack of intent - Arguing that there was no intention of deceiving or defrauding the financial institution but rather a misunderstanding or mistake in the actions taken.

Lack of knowledge - Claiming that the defendant was unaware of the fraudulent nature of their actions or that they were acting under false information provided by others.

Insufficient evidence - Asserting that the prosecution lacks sufficient evidence to prove the elements of bank fraud beyond a reasonable doubt.

Constitutional violations - Identifying any violations of the defendant’s constitutional rights during the investigation or arrest process, which could lead to the exclusion of evidence or dismissal of charges.

Defending a bank fraud case requires a skilled federal bank fraud defense attorney who can strategize the best defense based on the specific circumstances of your case.

A Bank Fraud Defense Lawyer You Can Trust

If you are facing bank fraud charges in Princeton, NJ, you need a skilled and experienced bank fraud defense lawyer. The Law Offices of Peter Katz are here to provide a strong defense for your case. Contact our firm today to schedule a confidential consultation.