Fraud Charges

Federal and New York State Overview

Introduction: Understanding Fraud Charges

Fraud is a complex and pervasive white-collar crime that can have far-reaching consequences for those accused. We recognize the gravity of fraud charges and the impact they can have on your life, reputation, and future. In this comprehensive guide, we aim to shed light on the intricate world of fraud charges, offering you insight into the legal framework, defense strategies, and recent case examples.

Fraud charges encompass a broad spectrum of deceptive practices, ranging from mail and wire fraud to securities and healthcare fraud. While each case is unique, all share a common element—intent to deceive for financial or personal gain. This intent, when proven, can result in serious consequences, including substantial fines, imprisonment, civil penalties, and damage to one's reputation.

Navigating the complexities of fraud allegations demands a deep understanding of both federal and state laws, as well as a strategic approach to defense. Whether you are a business professional, investor, or individual facing fraud charges, it is essential to have skilled legal representation by your side.

Common Federal Fraud-Related Charges:

1. Mail Fraud (18 U.S.C. § 1341):

   • Mail fraud involves the use of the United States Postal Service or private mail carriers to facilitate fraudulent activities. This can include sending fraudulent documents, checks, or solicitations through the mail. To establish guilt, the prosecution must prove a willful scheme to defraud involving the use of the mail.

   • Example: Sending fake lottery notifications through the mail to defraud recipients of their money.

2. Wire Fraud (18 U.S.C. § 1343):

   • Wire fraud encompasses fraudulent activities conducted through electronic communication systems, such as telephone, email, or the internet. It often involves schemes to deceive individuals or entities for financial gain. The key elements include a scheme to defraud and the use of wire communications.

   • Example: Using email to trick someone into wiring money to a fraudulent account.

3. Health Care Fraud (18 U.S.C. § 1347):

   • Health care fraud involves defrauding healthcare programs, such as Medicaid or Medicare, through false claims, billing for services not provided, or other fraudulent activities within the healthcare industry. Prosecutors must demonstrate the presence of a scheme to defraud involving a healthcare benefit program.

   • Example: Overbilling Medicaid for medical services that were not rendered.

4. Securities Fraud (18 U.S.C. § 1348):

   • Securities fraud involves deceptive practices in connection with securities transactions. It often includes manipulating the financial markets or misrepresenting information related to investments. This can include insider trading, Ponzi schemes, and false financial statements. It necessitates a knowing scheme to defraud in connection with securities or commodities.

   • Example: Insider trading, where individuals use non-public information to make stock trades for personal gain.

5. Credit Card Fraud (18 U.S.C. § 1029):

   • Credit card fraud refers to unauthorized use of someone else's credit card information to make purchases or withdraw funds. It often involves identity theft and fraudulent transactions.

   • Example: Stealing credit card details and using them to make online purchases.

6. Identity Theft/Fraud (18 U.S.C. § 1028A):

   • Identity Fraud involves the fraudulent use or possession of another person's identification information with the intent to commit various crimes.

   • Example: When an individual knowingly uses another person's Social Security number to apply for a credit card in that person's name, with the intention of making unauthorized purchases.

7. Mortgage Fraud (18 U.S.C. § 1014) (also usually accompanied by charges for mail fraud, wire fraud, and bank fraud)

   • Mortgage Fraud involves deceptive practices related to mortgage applications, loan origination, or other aspects of the mortgage process.

   • Example: individual submits false financial information on a mortgage application to qualify for a larger loan than they actually qualify for, with no intention of repaying it.

8. Bank Fraud (18 U.S.C. § 1344):

   • Bank fraud encompasses fraudulent activities directed at financial institutions. The core element is the knowing execution of a scheme to defraud a financial institution.

   • Example: An individual provides false information or misrepresents their financial situation to a bank in order to secure a loan with no intention of repaying it.

Common New York State Fraud-Related Charges:

1. Larceny (N.Y. Penal Law Article 155):

   • Larceny under New York State law involves the unlawful taking of another person's property with the intent to permanently deprive them of that property. Larceny can encompass various theft-related activities, such as stealing physical objects, embezzlement, or obtaining property through fraudulent means.

2. Insurance Fraud (N.Y. Penal Law Article 176):

   • Insurance fraud covers various deceptive practices related to insurance claims, including submitting false claims or staging accidents.

3. Credit Card Fraud (N.Y. Penal Law Article 190.77-190.80-A):

   • Credit card fraud involves unlawfully using someone else's credit card or card information for personal gain.

4. Identity Theft (N.Y. Penal Law Article 190.77-190.80-A):

   • Identity theft comprises the unlawful possession or use of another person's personal identification information.

5. Welfare Fraud (N.Y. Penal Law Article 158):

   • Welfare fraud involves fraudulent activities tied to government assistance programs, such as Medicaid or food stamps.

6. Forgery (N.Y. Penal Law Article 170):

   • Forgery pertains to creating or altering documents with fraudulent intent, such as counterfeiting checks or IDs.

Defenses Against Fraud Charges:

Facing fraud charges can be daunting, but there are defenses available to protect your rights and interests:

1. Lack of Intent: If you did not have the intent to defraud or engage in fraudulent activities, this can be a viable defense.

2. Lack of Evidence: Challenging the prosecution's evidence and proving a lack of sufficient proof of guilt.

3. Consent: In some cases, showing that the alleged victim consented to the actions in question can be a defense.

4. Statute of Limitations: Asserting that the prosecution filed charges beyond the statute of limitations applicable to the alleged offense.

5. Duress or Coercion: Providing evidence that you engaged in fraudulent activities under duress or coercion can be a valid defense.

6. Mistaken Identity: Demonstrating that you were mistaken for someone else involved in the fraud scheme can be a strong defense.

It's crucial to consult with an experienced attorney to determine the most effective defense strategy tailored to your specific case. We have vigorously defended clients against criminal fraud charges in both federal and New York State courts. Contact us for a confidential consultation and let us protect your rights and future.

Defending Against Fraud Charges:

Facing fraud charges can be daunting, but it's essential to remember that you have the right to a strong defense and the prosecution’s burden is a high one. Our experienced legal team is well-equipped to protect your rights, challenge the evidence, and craft robust defense strategies tailored to your case. As fraud cases with significant potential jail sentences become more prevalent, it is imperative to seek legal counsel promptly. Your freedom deserves a strong defense.

Contact us for a confidential consultation.