Bank fraud consists of crimes against banks and financial institutions like identity theft, check fraud, loan fraud, and forgery. The government may accuse you of intentionally and knowingly using fraud or deception to steal money from a bank. The penalties for a federal bank fraud charge are very severe. As a result, you will want to work with a New Jersey bank fraud defense attorney.
Proving Bank Fraud
To prove bank fraud, the federal government will have to show certain elements:
- Intent. Fraud is a crime of intent and the government will have to show that you knowingly and intentionally committed the act.
- Criminal Act. It is not enough to merely scheme to be guilty of fraud. Instead, you must take some affirmative act in perpetuating the crime.
- Fraud. To be considered fraud, your criminal act typically must involve misrepresentation, fraudulent pretenses, or concealment. In addition, this fraudulent act must be material, meaning that it caused the victims to rely on you or otherwise lead to harm.
Sentencing for Bank Fraud Explained by a New Jersey Bank Fraud Defense Lawyer
Bank fraud may be considered either a state or federal crime. Under federal law, you could face a 30-year prison sentence if you are convicted of the charge. In addition, you could face up to a $1,000,000 fine. To determine the appropriate penalty, judges will typically consider factors like:
- Your criminal history including prior fraud charges
- Types of injuries and damages suffered by your victims
- If the fraudulent act was a single act or part of a series of acts
- Method of fraud such as identity theft, dumpster diving, forgery, etc.
- Whether you show any remorse or are otherwise a sympathetic figure
Contact a New Jersey Bank Fraud Defense Attorney
If you have been charged with bank fraud, it is important that you contact an experienced attorney. The penalties for bank fraud are very severe and your attorney can explain to you your options and defenses. To learn more about your specific case, contact attorney Tim Anderson at 732-212-2812.