Los Angeles Bank Fraud Defense Attorneys
Being accused of bank fraud can leave a black spot on your reputation and make you seem distrustful to your friends and family. After all, you are being accused of lying for your own personal gain. On top of that, if you are convicted, it will be difficult to pursue future employment. Employers are wary of people found guilty of fraud, worrying that you might attempt to commit another fraudulent crime.
We at Werksman Jackson & Quinn LLP, however, will offer no such judgment. We only care about providing our clients with fair, proper representation. Our firm has represented many clients accused of fraud and gone to bat for every single one. If you are facing charges of bank fraud in Los Angeles, you need the very best in criminal defense on your side. Call us at (213) 688-0460.
Bank fraud is a serious criminal offense that is usually defined as when an individual purposefully, and with full knowledge, carries out a plan to defraud a financial institute. In more simplified terms, it means the use of false or illegal means to get money, financial assets, or property that is owned or controlled by a bank or some other financial institute.
Several forms of bank fraud exist, including:
- Wire fraud: Using a computer, telephone, or radio to commit fraud against a financial institution
- Loan fraud: Falsely representing yourself in order to receive a loan
- Mail fraud: Using mail to gain access to funds that are not yours
- Lying on loan applications or other financial documents: Falsifying information on documents in order to access funds that are not yours
- Forging checks: Using someone else’s checks or using fake checks to illegally gain funds
The most important element when it comes to proving bank fraud is showing that a person knowing misrepresented themselves or lied on documents in order to gain access to funds that were not theirs.
Committing a fraudulent act is often considered a very serious crime, whatever state you are in. Bank fraud, however, is illegal under U.S. federal legislation. This means that the investigation into the alleged crime will not be carried out by California state police or investigators, but by federal agencies. The trial and prosecution will also be done under federal criminal law, as opposed to state law.
If you are found guilty of committing bank fraud, you may be facing:
- A maximum prison sentence of 30 years in federal prison; and/or
- A hefty fine of up to $1,000,000.
Facing a federal investigation and trial can seem frightening and overwhelming, but it is important to remember that no matter who the prosecution is, they still have the burden of evidence. There are many ways to defend against bank fraud allegations that can poke holes in the DA’s allegations and provide reasonable doubt.
Some common defenses for bank fraud are:
- Lack of knowledge: A key component of bank fraud is that you knowingly committed or attempted to commit fraud. If you were unaware of the fraud, then it could be argued that you did not actually commit a criminal act. This argument, however, does not guarantee a verdict of not guilty, but may greatly reduce your sentence.
- Lack of intent: Lack of intent is similar to a lack of knowledge in that a key part of bank fraud includes the intention to defraud a financial institute. If that intention was never present, then your charges or penalties may be reduced.
- Lack of evidence: The prosecution must provide adequate evidence of the fraud to get a conviction. If that evidence is flimsy or missing, then it can be easy to demonstrate that you should be found not guilty.
- Lack of ability: You may simply be unable to commit the fraud you have been accused of, either because you didn’t have access to the means to commit the fraud or because you are physically incapable in some way.
Finding the right defense for you can be difficult and overwhelming. You may not know what pieces of evidence to review or point to in order to prove yourself innocent. That’s why you need an experienced bank fraud attorney on your side, examining the details of your case, and providing the best possible defense.
We at Werksman Jackson & Quinn LLP believe wholeheartedly in the concept of ‘innocent until proven guilty’. When our clients come to us, it is because they are facing a difficult and frightening court battle that they know they can’t win alone. That’s why when our Los Angeles white-collar criminal defense lawyers take on a client, we fight tooth and nail to make the justice system work in their favor. If you or a loved one are being accused of bank fraud, call our firm at (213) 688-0460. We can offer some of the best representation available.
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.