Fraud is generally defined as a knowing misrepresentation of fact. Under this general definition, there are many specific forms of fraud including:

  • Mail Fraud
  • Wire Fraud
  • Health Care Fraud
  • Investment Fraud
  • Credit Card Fraud
  • Mortgage Fraud
  • Internet Fraud
  • Prescription Fraud
  • Telemarketing Fraud
  • Securities Fraud

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Fraud typically involves obtaining money or property by use of deceptive means. For example, credit card fraud is the use of a credit card to obtain goods or property through the use of a credit card that is not yours. Bankruptcy fraud is committed when one misstates or conceals assets for the purpose of misleading creditors. Again, the elements of knowingly concealing, misstating or misrepresenting for the purpose of pecuniary gain.

Federal Prosecution of Fraud

Fraud that crosses state lines, requires federal defense if charged federally. Federal sentencing guidelines for fraud are severe. If you suspect you are under investigation by the federal government, it is critical you obtain the services of an experienced federal criminal defense attorney.

Fraud Penalties

States differe on their penalties for fraud, but they have a likeness to the federal sentencing guideline. White collar crime and federal fraud penalties are generally restitution, fines, and imprisonment. The federal court also imposes interest and penalty assessment fees. This can add up to high restitution penalties that can create a lifelong financial burden for the defendant. You need the best lawyers to keep you out of prison when being accused of fraud.

Experienced attorneys are instrumental in minimizing penalties and fines, saving the defendant thousands or even hundreds of thousands of dollars. Experienced attorneys can also help work out reasonable payment plans that actually allow for the defendant to pay the damages back over a reasonable and extensive time period.

Penalties for fraud depend on many factors, such as any priors on a person's record, co-occuring charges, the amount of money involved and more.

  • Prison - Up to 30 years per violation.
  • Fines - Can range from thousands of dollors to even hundreds or millions of dollars or more depending on the severity of loss and whether it facilitated another crime.
  • Restitution - The return of money or property to the damaged parties.
  • Probation - Our lawyers have amazingly been able to get probation, with no time in prison, for some past clients.