This has been a turbulent few weeks, and it will be a while before the uncertainty passes. I wanted to reach out to you and update you on how COVID-19 has impacted my firm, as well as the entire criminal justice system.
My firm has been prepared to weather this storm for some time. As a result, the only change to how we do business is that we now rely on Facetime, Zoom, and other teleconferencing technology to conduct what would normally be face to face meetings. Other than that, our business of advocating zealously for our clients continues unabated, without interruption. We are here to help you, your loved ones, or your friends, should the need arise.
On the other hand, federal and state courts, prosecutors, police officers, and ongoing investigations have been massively disrupted. We are constantly assessing this fluid, rapidly changing situation and monitoring the responses of all levels of government that are tasked with carrying out criminal investigations and prosecutions. We have already seen guidance from various law enforcement agencies instructing their rank and file to exercise discretion and to shift their enforcement priorities.
In the coming days, weeks, and months we expect to see additional guidance from state and federal law enforcement and prosecutors regarding changes to their enforcement priorities, charging decisions, decisions on whether to take a matter to trial, and sentencing recommendations.
All the best,
Tim Anderson, Managing Partner
Tim Anderson Law, LLC
Federal Criminal Defense Lawyers
All legal cases can include complex factors that should only be handled by qualified legal professionals. While it’s not a legal requirement to hire a lawyer to represent your case in court, the following information can lend advice on why it’s probably your best bet to ensure that your case is tried quickly and effectively.
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:
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.
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.
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.
As 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.
In this article, a New Jersey white collar crimes lawyerdiscusses what to do if someone accuses you of having committed fraud.
Criminal Fraud Defined
If accused of criminal fraud, you have essentially been accused of a form of theft by means of deceit. Your accuser may feel that you have given patently false information, made false promises or product claims, withheld needed information or deceived through some other means, but the bottom line is that you have been accused of a form of stealing.
How It Can Happen
You could be accused of fraud even though you had no idea that anything you were doing was in any way improper. For example:
• Everyone wants to make money, and you’ve come up with an investment idea that looks promising. It looks like a great opportunity, so you promote it and others join in with you. You didn’t lie to anybody, nor did you willfully mislead anyone, but someone mistakes what you’re doing for a scam such as a Ponzi scheme. You and your New Jersey white collar criminal defense attorney must then demonstrate that this is not the case.
• You receive a letter in the mail with five “reports” inside, and are encouraged to develop a sales letter offering to sell these “informative reports” to as many people as you can. The idea is that it’s a perfectly legitimate sales tactic designed for you to earn money. The letter you received assures you that the procedure is well within the law, so you go ahead with it thinking that everything is legal and above board. Later, the letters are returned to you with the accusation that you have committed mail fraud. You never meant to do anything wrong. You simply acted on the information provided. You are actually the one who’s been defrauded, yet you’re the one who has been accused.
Pigeon Drop and Identity Theft
These charges are often more difficult to defend against. In the case of the “pigeon drop,” the alleged victim is notified that he or she has won a sum of money in a contest, but must pay a fee to collect it. If you or your organization is holding the contest you would need to show that you are or believe you are in compliance with all the applicable rules and that no willful wrongdoing took place. As for identity theft, you must be able to demonstrate, for instance, that although you may have inadvertently gained access to someone’s personal information, you have made no improper use of it, nor have you profited from it.
When It Isn’t Fraud At All
Not everyone who thinks that they have been tricked out of their money is really a victim. For instance, there is a difference between sales talk and willful deception. If you are a sales associate in a clothing store and you tell customers that the outfit he or she is trying on looks fabulous, that customer cannot then come back and accuse you of fraud simply because another person said that it isn’t flattering at all.
Don’t Be A Victim of a False Accusation
Don’t sit back and just let someone, through malice or error, accuse you of a crime that could ruin you. Contact the Law Offices of Timothy R. Anderson, LLC, to speak to a New Jersey white collar crimes lawyer, and fight back against unjust criminal accusations. Call 732-212-2812 today.
State court felony convictions are difficult to have removed, but it is not impossible. The laws that govern felony expungement are complicated and vary from state to state, so it is important to talk to a criminal lawyer in your area to see if and how you can clear your record.