New Jersey White Collar Crimes Lawyer Explains Types of Fraud

New Jersey White Collar Crimes Lawyer Explains Types of Fraud

Allegations of criminal fraud have been more prominent in the news lately, such as regarding alleged fraud on Wall Street or in such organizations as FIFA, the world soccer organization. I’m a New Jersey white collar crimes lawyer and I can explain the details of what constitutes acts of “fraud” and what defenses can be used to combat the allegations.

What Is Fraud?

If a person uses deception to embezzle or steal various forms of property, including money from others, it is considered fraud.  I, as a New Jersey white collar crimes lawyer know that when the state or government allege fraud there is usually an allegation of intentional misrepresentation of one form or another by the alleged perpetrator. Additionally fraud can occur if vital information isn’t provided regarding the product or offer.

Various Forms of Fraud

There are numerous forms of fraud. The following are different acts that are classified as fraud:

Identity Theft

With the increasing number of ways in which a person makes his or her personal information available, identity theft is becoming more common. Stealing a Social Security number or other important pieces of identifying information is a form of identity theft. Stealing banking information or credit card numbers is also identity theft.

Mail Fraud

There are federal laws against the use of the mails to commit fraud.  Mail fraud allegations can apply to shipments made through the US Postal Service or any other mail carrier, such as UPS or FedEx, and such charges carry potentially severe penalties, including up to 20 years in prison for each count of mail fraud.

Ponzi Schemes

After Bernie Madoff committed what was said to be the largest Ponzi scheme in the history of the United States, it became well-known as the epitome of such a scam where many victims lose their entire life savings. Named for a thief from Italy who operated in the 1920s, the idea is that investors are attracted by the promise of a safe investment and big returns. As more and more investors join and provide money, the operators of the scheme will take a portion of the money and use the rest to make “lulling” payments to the investors who came in earlier. This type of scam is destined to eventually collapse under its own weight as the scammer runs out of people who will join while simultaneously being unable to provide enough money to keep the current investors from becoming suspicious.

Contact an Experienced New Jersey White Collar Crimes Lawyer

If you have been accused of some type of criminal fraud, including  any of the above-listed acts, it is imperative that you immediately begin preparing a strong defense.  Call me, an experienced New Jersey white collar crimes lawyer, at (732) 212-2812.  I can help.

 

New Jersey White Collar Crimes Lawyer Explains Types of Fraud

What Does Guilt “Beyond a Reasonable Doubt” Mean?

One of the fundamental concepts of our justice system is that a defendant is presumed innocent under the law unless the prosecution proves the defendant guilty beyond a reasonable doubt. This means that a defendant can only be convicted if the jury is satisfied “to a moral certainty” by the evidence that a defendant is guilty. Your case can benefit best from the help of a New Jersey federal criminal defense lawyer.

Contact a New Jersey Federal Criminal Lawyer

For more understanding of your criminal case, contact New Jersey federal criminal defense lawyer Tim Anderson of The Law Offices of Timothy R. Anderson, LLC at (732) 212-2812.

New Jersey White Collar Crimes Lawyer Explains Types of Fraud

Questions about Mortgage Fraud

Mortgage FraudAs a New Jersey mortgage fraud lawyer, I often field questions concerning this offense. Read on for some of the common questions and answers regarding this topic.

What Is Mortgage Fraud?

This is usually a complex offense that involves mortgage lenders as well as borrowers. A person may be charged with mortgage fraud when he or she misleads, falsifies, intentionally omits or distorts pertinent information on a mortgage application. A borrower may commit mortgage fraud when he or she intentionally makes misrepresentations about pertinent information during the application and approval process. Lenders may commit mortgage fraud when they collaborate with other parties such as real estate agents, attorneys, contractors, appraisers, mortgage brokers, or investment bankers in order to make a profit from the transaction based on false information.

Who Prosecutes Mortgage Fraud Cases?

Both State and Federal prosecutors may charge mortgage fraud cases. Federal authorities primarily  get involved when the case involves multiple states, federal agencies, federally-regulated lenders, or even when the dollar value of the alleged fraud is high.

Is Mortgage Fraud Ever Associated with Organized Crime?

Federal prosecutors have pursued Racketeer Influenced and Corrupt Organizations Act charges when mortgage fraud involved large-scale operations, including against so-called organized crime members. Such charges may be brought against lenders or individuals.

What Are the Penalties for Mortgage Fraud?

The potential penalties vary depending on the exact charge and all the facts surrounding the particular case. Penalties can be severe, including potentially lengthy prison time. In federal cases, the maximum is 30 years per count. Fines may also be imposed, up to millions of dollars. And, the court may order payment of restitution to any potential victim, or the forfeiture of assets.  Probation or supervised release of a number of years after prison time has been served time may also be imposed.

What should I do if I need a New Jersey Mortgage Fraud Lawyer?

If you or a loved one are under investigation for or charged with mortgage fraud, contact me at The Law Offices of Timothy R. Anderson, LLC by calling (732) 212-2812.

New Jersey White Collar Crimes Lawyer Explains Types of Fraud

A New Jersey Federal Criminal Defense Lawyer Discusses Federal Mail Fraud

wire fraudA New Jersey federal criminal defense lawyer takes a close look at what constitutes federal mail fraud and what to do if you have been accused of this crime.

The Federal Mail Fraud Statute

Under Federal Statute 18 U.S.C. 1341 – Frauds And Swindles, federal mail fraud occurs essentially when an individual tries to cheat or cause another individual to cheat someone by means of the U.S. Postal Service or any other carrier that delivers mail or packages across state lines. The law has broad applications and could at some point be exercised against practically anyone. After all, we all use the mail.

The Question Of Intent

Under federal law, however, you cannot commit mail fraud inadvertently. For federal charges to be brought against you, the prosecution must have reason to believe that you knew what you were doing and meant to cheat someone of money or other valuables. Then they have to prove it. It is this question of intent that you and your New Jersey federal criminal defense attorney must address in your defense.

Deception Is Not Enough

The object of mail fraud generally is to induce the victim to turn over money while receiving nothing in return by means of trickery. Illusory or less-than-reliable claims of products or services offered are not sufficient grounds for mail fraud if the services or products are legal and forthcoming. A sales letter with something resembling a check inside promising you a rebate on a product is not mail fraud if a disclaimer states that it is not a check and the rebate is real. There is a difference between such a sales letter and a material representation. A material representation is designed to trigger an action on the part of the recipient based on false information in order to get something for nothing. The victim would never normally have taken such an action had the false information not led him or her to it. The information in the letter may be factually true, but if the letter were part of a larger scheme to cheat the recipient it is still considered mail fraud. Even if the scheme fails, the attempt to defraud can be grounds for charges to be brought.

The Potential Penalties are Severe

Mail fraud is serious and can carry severe penalties upon conviction. The potential penalties include such consequences as years in prison, extremely high fines, forfeiture of assets, and restitution.

If You Are Charged

If you or a loved one are charged with or under investigation for federal mail fraud, you should immediately call a New Jersey federal criminal defense attorney experienced in federal mail fraud cases. You can contact Tim Anderson at (732) 212-2812 to discuss such a case.

Can the Police Stop Me Just for Being in the Wrong Place at the Wrong Time?

Can the Police Stop Me Just for Being in the Wrong Place at the Wrong Time?

The Constitution guarantees people the rights of protection against unwarranted searches and seizures. Law enforcement authorities need a legitimate reason to stop you but, in some cases, the reason for the stop might be that they suspect you committed a crime. If they detain you,you should talk to a New Jersey criminal defense attorney about your rights as soon as possible.