Mortgage fraud charges are serious. They may be considered felonies, and someone convicted of the crime could face significant prison time and monetary fines. As a result, you will want to talk to an experienced New Jersey mortgage fraud defense attorney to learn about the specifics of your case.
Mortgage Fraud Explained by a New Jersey Mortgage Fraud Defense Attorney
The crime of mortgage fraud typically consists of the following elements:
- Intent. The defendant must have the intent to engage in a fraudulent transaction. Therefore, a mortgage document with a typo or inadvertent error would usually not be enough to support a mortgage fraud charge;
- Misrepresentation. There must be a material misrepresentation in the mortgage documents. In other words, the fraudulent act must be significant enough to have impacted the financial institution’s decision-making; and
- Fraudulent Act. Simply planning fraud may not be enough to support a mortgage fraud charge. Instead, the defendant typically must take an affirmative fraudulent act like submitting the false documents to the bank.
Defendants are oftentimes accused of mortgage fraud to obtain housing on false pretenses or to benefit financially from a real estate transaction. Fraud may be committed by both buyers and sellers. In addition, bank workers and other professionals in the real estate industry like appraisers may be accused of committing the crime.
Mortgage Fraud Laws
There are a variety of federal laws that address mortgage fraud. The federal mortgage fraud misdemeanor statute provides for up to one year in prison and fines for someone who knowingly makes any false statements on mortgage documents. In addition, the crime of mortgage fraud is commonly associated with other crimes like conspiracy, mail fraud, bank fraud and other charges. These may enhance the penalties you face. With the overlapping laws, you will want to consult an attorney to understand the charges brought against you and to explain your options.
Contact a New Jersey Mortgage Fraud Defense Lawyer
Individuals accused of mortgage fraud will want to work with an experienced attorney. Mortgage fraud can be difficult to prove, and prosecutors bear the burden of proof. To learn how attorney Tim Anderson can help your case, call 732-212-2812.
As the defendant in a criminal trial, you should be aware that you will always be in sight of the jury and they will be able to observe your every move. In effect, you are persistently on the witness stand during your trial. To find out more about how to make a good impression, read these tips from a Newark criminal defense lawyer.
Any suspect arrested or taken into custody must be advised of his or her constitutional rights to remain silent and to have a criminal defense Attorney present. These are known as the Miranda rights. To learn more about your Miranda rights and how you can properly assert them to the police, here are some useful facts.
If you know you are the subject of a criminal investigation, try not to get too frustrated or worried about what is going on behind the scenes. It may feel very uncertain, but it may be possible for your criminal defense attorneys in New Jersey to gather information about the status of your investigation. Here are some facts.
In this article, a New Jersey criminal defense lawyer discusses your right to have your attorney present if you are required to submit to being placed in a lineup.
It is your right, if you are placed in a lineup or are required to be present at any other kind of pre-trial identification procedure other than a photo display, to have your New Jersey criminal defense lawyer present. This includes when you are charged, indicted, arraigned or brought before a preliminary hearing.
Role of Your New Jersey Criminal Defense Lawyer
At a lineup, your New Jersey criminal defense attorney is there to function as an observer, adviser and critic. As your attorney, he or she cannot serve as a witness at your trial, so another individual such as a legal colleague, investigator or assistant should be brought in to function in that capacity. Your lawyer may also have the proceedings permanently recorded via video or audio recording and prior conversations with witnesses may be taken down by a stenographer.
Presence During Conversations
Any conversations between the police and the witnesses should be conducted in the presence of your New Jersey criminal defense lawyer to preclude the possibility of any undue attempts to influence the witness in any fashion.
Interviewing the Participants
Your New Jersey criminal defense attorney will speak with each person involved in the procedure and obtain contact information for everyone who will be participating. This is to ensure that the lineup is fair and that testimony is unbiased and untainted.
Your New Jersey criminal defense lawyer will be watching to be certain that the other people in the line-up have a reasonable resemblance to you so that you are not marked out by obvious differences. These might be height and weight, color of skin, beards or mustaches or lack thereof. If your height makes you stand out, your attorney might request that everyone in the lineup sit down.
When your New Jersey criminal defense attorney is asked by the presiding police officers if the lineup is unbiased and the other people are appropriate, the correct answer is no. There is nearly always some fault to find, and any variance between you and the others involved should be pointed out. Your attorney should not wait to be asked to make any objections known.
Know Your Rights
Your Trenton criminal defense lawyer is your strongest ally. Be sure you have the representation you require by calling Tim Anderson at 732-212-2812. Don’t wait. Call today.
The federal crime of bank fraud covers a broad range of activities. As your NJ federal criminal defense lawyer explains, to be convicted of bank fraud, you typically must have:
• Attempted to carry out a scheme to obtain money or property from a financial institution chartered or insured by the federal government; or
• Concealed information or made statements or promises you knew were false when you made them.
Your NJ federal criminal defense lawyer notes that you can be convicted of bank fraud even if the scheme was not successful, and the bank did not suffer an actual loss. In addition, you may be prosecuted even if the conduct was outside of the United States.
Your NJ federal criminal defense lawyer can describe the defenses available. A few of the common defenses seek to show that:
• You made the false statements in good faith and believed them to be true when you made them; or
• The property involved was not under the custody or control of the financial institution.
Other Federal Criminal Crimes
However, as your NJ Federal Criminal Defense Lawyer will emphasize, a charge of bank fraud is often accompanied by other claims, such as:
• Mail or wire fraud;
• Money laundering;
• Transportation, sale or receipt of stolen goods; and
• Use of a false or fictitious name, address or title (i.e., identity theft) as part of the scheme.
If you have been accused of bank fraud, your NJ federal criminal defense lawyer urges you to understand how these offenses are characterized and what is required for your NJ federal criminal defense lawyer to establish a proper defense.
NJ federal criminal defense attorney Tim Anderson can help you evaluate the charges and understand what will be needed for your defense. Contact him at 732-212-2812 to schedule a consultation.