A Bank Fraud Attorney Discusses the Value of Initial Appearances and Arraignments
First impressions are important. The same is true with an initial court appearance or arraignment. These proceedings are opportunities for a bank fraud attorney to begin fighting for you and your case. In order to prepare for this, your attorney should study the charging document and object to it if it doesn’t meet the parameters of probable cause. A bank fraud attorney should also request your release on bond. The prosecution may disclose additional information about a case if they argue against bond.
Details of an Arraignment
The arraignment provides the opportunity for the prosecution and defense to explain the evidence they plan to submit and the rights they intend on exercising. Examples would be the defense requesting a preliminary hearing or asking the grand jury to hear your case.
Call a Bank Fraud Attorney for Assistance
An initial appearance in court gives defense attorneys an opportunity to begin fighting for your case. For guidance on initial appearances and arraignments, contact bank fraud attorney Tim Anderson at 732-212-2812 and schedule an initial consultation.
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, NJ tax fraud lawyers offer some useful suggestions on how you can avoid becoming the subject of an IRS investigation.
Some Helpful Hints
There are a number of things you can do to avoid problems with the IRS. By doing your part to stay up-to-date and within IRS regulations, you can save yourself a world of headaches.
Use an Accountant
By using an accountant to prepare and file your tax returns, you add a layer of protection against possible tax fraud investigation. Provide your accountant with all necessary expense and income records and information to prevent the argument that you were not forthright with the accountant and thus committed tax fraud.
Submit Your Return with Payment in a Timely Manner
All the IRS really wants is the money, and they’d much rather collect it when it’s due than have to prosecute for non-filing or non-payment. They will usually give you more than one chance to send it in. However, if you are unable to file your tax return within the deadline or cannot meet the payment, it is best to be proactive. You can help yourself substantially if you demonstrate a genuine reason for why your return is late or the tax is not paid and make serious efforts to rectify the situation.
Don’t Ignore IRS Correspondence
If the IRS is taking the trouble to contact you, it is unwise to let the letter sit for days or weeks without acting on it. By attending to any correspondence from the IRS in a timely manner, you can avoid the harm that could be done if you ignore their messages.
If You Are Audited
No one likes to be told that they are about to be audited, but attempting to fight it or reacting with resentment can turn an inconvenience into a disaster. A battle with the IRS is not usually a fight you can win, at least not without good legal representation.
Seek Legal Counsel
If you are under investigation, engage a New Jersey federal criminal defense lawyer to act for you and give him or her your full cooperation. You will need representation, and it should be someone with experience in tax criminal laws. Your New Jersey federal criminal defense attorney is your best friend at a time like this.
We’re Here to Help
When you’re dealing with agencies as powerful as the Internal Revenue Service and the U.S. Justice Department, you need strong representation at your side. Contact the Tim Anderson Law Office, your NJ tax fraud lawyers, at 732-212-2812 today.
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.
Securities fraud typically involves a crime that affects a stock, commodity or investor. Oftentimes, securities fraud entails an organization or individuals from the organization making false claims about a company or its stock to the detriment of the public. The penalties for securities fraud can be very severe, and you will want to work with a New Jersey securities fraud lawyer if you face such a charge.
Federal Laws Addressing Securities
The area of securities is highly regulated by the federal government. Some federal laws that a New Jersey securities fraud lawyer can explain to you include:
The Securities Act of 1933. Companies that issue securities must follow this law that governs divulging of corporate information. Many times individuals are accused of offering fraudulent data or misrepresenting key information.
The Securities Exchange Act of 1934. Individuals that trade and sell securities must comply with this law that governs fraud. This is the law commonly invoked with insider trading cases.
Sarbanes-Oxley Act. This relatively new law addresses financial disclosures that a company must make; specifically, that companies must be accurate when disclosing accounting information about their assets, debts and other financial information.
Types of Securities Fraud
There is a wide variety of securities fraud. Two common types of securities fraud include:
Corporate Fraud. An official at the company may mislead investors and shareholders by providing false and inaccurate information.
Insider Trading. Insider trading generally refers to individuals who buy or sell stock based on nonpublic information. For example, if an insider at a company is aware that the company is about to announce bankruptcy, selling stock based on this nonpublic information would violate insider trading laws.
The penalties for securities fraud are very severe. Depending upon the amount of alleged fraud, you could face prison time, monetary fines, order of restitution and/or forfeiture of assets, community service and a host of other penalties. That is why it is very important to contact a securities fraud defense attorney.
Contact a New Jersey Securities Fraud Attorney
To learn more about a securities fraud charge, schedule a consultation with attorney Tim Anderson by calling 732-212-2812.