What are the types of bank fraud charges?

There are several types of bank fraud, including bank impersonation, forgery, fraudulent loans, internet fraud, ATM fraud, check fraud, and wire fraud. Each type involves stealing money or personal information from a bank or its customers through deception. Bank fraud charges can carry severe penalties, including fines and imprisonment, so it's crucial for individuals to be aware of these frauds and take precautions to protect themselves and their finances.

What is bank impersonation?

Bank impersonation is a type of financial fraud in which criminals pretend to be a legitimate bank or financial institution in order to steal money or personal information from victims. They may use fake websites, phishing emails, or make phone calls to victims, asking for sensitive information such as account numbers and passwords. To protect against this type of scam, individuals should never provide sensitive information unless they are certain it is to a legitimate bank representative, be cautious of unsolicited requests for information, and always verify the authenticity of requests with their bank directly.

Forgery is a type of crime that involves creating or altering a document with the intent to deceive for illegal financial gain. Examples include forging a signature on a check or altering its amount which can take many forms involving various types of documents. The consequences can include jail time, fines, and a criminal record, so it's important to protect against forgery by using security features, being cautious when signing or accepting checks, and safeguarding personal identification information. If one suspects forgery, it's important to report the crime to the authorities promptly.

What are fraudulent loans?

Fraudulent loans are a type of bank fraud where individuals obtain loans through deceptive means such as using false information or someone else's identity. The act can result in significant financial losses for the lending institution and damage the credit standing of the individual committing the fraud. To prevent such activities, individuals should be cautious when applying for loans and protect their personal information, and report any fraudulent loan activities to the authorities to seek compensation for financial losses.

What is internet fraud?

Internet fraud is a type of bank fraud that happens online. It encompasses a range of criminal activities that aim to steal money or personal information through phishing scams, fake online storefronts, and other schemes. To protect against internet fraud, individuals should be cautious when providing personal information online, look for security indicators such as the padlock icon or "https" in the website's address bar, and be wary of unsolicited emails or calls from financial institutions.

What is the punishment for bank fraud charges?

In general, bank fraud can result in severe consequences such as fines, imprisonment, and the possibility of being ordered to pay restitution to the victims of the fraud. The punishment can range from several years in prison to life in extreme cases, along with monetary penalties. It is also important to note that a bank fraud conviction can have long-lasting consequences beyond the sentence, impacting a person's personal and professional life.

What is the most common defense to fraud charges?

The most common argument against fraud allegations is the lack of intent to deceive. Bank fraud can happen when false financial information is unintentionally submitted. The accused isn't responsible for bank fraud if the inaccuracies in financial records were due to errors in accounting and not a deliberate fabrication.

What factors may influence the outcome of a bank fraud case?

The quality of the evidence, the credibility of witnesses, and the efficacy of the defense strategy are all factors that may impact the outcome of a bank fraud case. Additionally, the defendant's prior criminal record, their level of cooperation with authorities, and the judge and jury's interpretation of the law and facts of the case can also play a role in determining the outcome of a bank fraud case.

What Is the Difference Between Bank Fraud and Bank Robbery?

Bank fraud refers to illegal activities aimed at deceiving banks or financial institutions to obtain funds or valuable information through false representation or manipulation. This type of crime is committed through methods such as false identities, forged documents, and phishing scams. On the other hand, bank robbery involves physically taking property from a bank through the use of force or threat of force, and is considered a serious crime that is typically pursued as a federal crime.

How can I contact Lebedin Kofman LLP?

If you need the help of a New York criminal defense lawyer, you can call us at 646-663-4430. You can also send us an email at info@lebedinkofman.com. Another way to contact us is by filling up the contact form on our website at https://www.lebedinkofman.com/contact-us/

NYC Bank Fraud Criminal Lawyer - Bank Fraud Lawyer

NYC Bank Fraud Criminal Lawyer - Lebedin Kofman LLP - Criminal Defense Attorney - Bank Fraud Lawyer

24/7 – Free attorney consultation
Flat fee rates
Hundreds of 5-star reviews
Payment plans are available and credit cards accepted
Trust our history of massive wins in state and federal court

Don’t waste time anxiously searching online to find out what will happen with your case and if you will have a criminal record or worse, have to serve jail time. You can be on the phone with an attorney who will lay everything out for you in minutes.

Protecting Your Rights & Fighting for Your Freedom

Under 18 USC §1344, bank fraud occurs when an individual or entity knowingly engages in a scheme to defraud a financial institution. Bank fraud may also occur when an individual obtains any of the money of a financial institution by means of false or fraudulent pretenses, representations, or promises.

A material misrepresentation may take many forms. To be fraudulent, any misrepresentation must be related to the scheme. It must either help the defendant perpetrate the crime or convince a purported victim to believe the defendant. Federal bank fraud requires that a scheme to defraud must have existed at the time the alleged crime occurred. A scheme is a course of action taken to deprive another person, business, or organization of property or money. For an alleged crime of bank fraud, the other person, business, or organization is a financial institution.

If you are facing allegations of bank fraud, mail fraud, or other types of fraud, it is important to seek the legal representation of an experienced New York fraud attorney right away.

Related Offenses:

The Definition of Bank Fraud in New York

Under 18 USC §1344, bank fraud occurs when an individual or entity knowingly engages in a scheme to defraud a financial institution. Bank fraud may also occur when an individual obtains any money from a financial institution by means of false or fraudulent pretenses, representations, or promises.

Federal criminal code says that bank fraud can be committed by a defendant when they execute or attempt the execution of a scheme, artifice, or other means to defraud a financial institution. Bank fraud can also occur if the person gains any money, funds or credit, assets, securities, and other property that is under the custody of a financial institution by scheming or artifice.

The following are some of the common terms involved in a bank fraud case:

Scheme or Artifice – There is no exact definition of “scheme, artifice” but it is often understood to be a plan to deceive others through false or fraudulent pretenses to get money, property, and services. An example of a scheme is impersonating another person to withdraw funds from his bank account.
Fraud – Fraud is defined as a deceptive act designed to result in financial gain. Impersonating another person is considered a fraudulent act if the reason behind the act is to gain finances that belong to someone else.
Pretenses, Representations, or Promises – False representations, promises, and pretenses are a variety of criminal actions that can be equated to lying or creating a false narrative. For example, if a person impersonates someone else and tells the bank teller that they are who they are impersonating, then they are committing the act of false pretense or false representation. An example of a false promise would be to sign a promissory notice to repay a loan knowing full well that it will not be repaid.

If you are facing bank fraud charges in New York, it is important to seek the help of experienced bank fraud attorneys right away. A skilled lawyer may be able to help you create a solid defense to protect your rights and freedom. Contact us today to schedule a free consultation.

Types Of Bank Fraud Charges

Types of bank fraud include bank impersonation, forgery, fraudulent loans, and internet fraud:

Bank impersonation occurs when one or more person acts as a financial institution, often by setting up fake companies or creating websites, in order to lure people into depositing funds.
Forgery occurs when a person alters a check, such as adding a zero to the end of a number, resulting in more money being deposited in the forger’s pocket than intended by the check writer. Forging a person’s signature in order to cash or deposit a check is also considered forgery.
An individual who takes out a loan, knowing that he or she will immediately default on the loan or file bankruptcy has committed bank fraud. An individual has also committed bank fraud if he or she uses a false identity to obtain a loan or forges information on a loan application.
Internet fraud occurs when someone creates a website for the purposes of posing as a financial institution to fraudulently obtain money deposited by other people.

When someone is charged under 18 USC §1344, the prosecution must prove beyond a reasonable doubt that:

There was a scheme to defraud a bank or other financial institution or to obtain money, funds, credits, assets, securities, or other property owned by or in the custody or control of a bank or other financial institution by means of false or fraudulent pretenses, representations, or promises;
The defendant knowingly executed the scheme;
The defendant acted with the intent to defraud; and
The scheme involved a materially false or fraudulent pretense, representation, or promise.

A conviction for bank fraud can have a wide range of consequences including incarceration, career decimation, or even deportation for a non-citizen. If convicted of bank fraud, the defendant may be sentenced to up to 30 years in prison and fines reaching $100,000, plus full restitution costs.

Bank Fraud Defense Lawyers Penalties For A Bank Fraud Case

Bank fraud convictions are punishable under federal law. The statute allows bank fraud convictions to be sentenced to up to 30 years in prison and/or a maximum of $1 million fine.

The severity of punishment will vary depending on the facts of each case. Federal sentencing guidelines specify the amount of punishment to be applied based upon the value of the property or money involved, as well as other factors.

Financial crimes can also include violations of federal statutes such as the Racketeer Induced and Corrupt Organizations Act (RICO) or the Patriot Act. Violations of these statutes could increase a defendant’s risk of receiving a harsh sentence.

Criminal Defense Lawyers ExplainsPossible Defenses to Bank Fraud

There is a 10-year statute of limitations for a bank fraud charge and this can also serve as a defense. This means that bank fraud must be brought against the defendant within ten years of being committed. This is important because many statutes start running from when the crime is committed. Many crimes involving fraud are often discovered years after they were committed. However, the federal statute specifically states the statute of limitations runs from the date the fraud is committed.

Reviewing the criminal investigation by law enforcement may reveal other defenses. The Fourth Amendment of the U.S. Constitution, for example, protects citizens from unlawful searches and seizures, including electronic surveillance. The evidence against the accused can be diminished if the law enforcement agency conducts surveillance or other searches and seizes without court approval (a warrant).

Finally, the most common defense to fraud charges is that a defendant didn’t intend to defraud. Bank fraud can be caused by incorrect financial records submitted by a defendant that was not intentionally falsified. If the financial records are technically falsified due to incorrect bookkeeping, but not intentional falsification, the defendant has no liability for bank fraud.

Getting The Help Of Experienced NYC Bank Fraud Criminal Lawyer

Being charged with bank fraud can carry severe penalties that can impact a person’s life for a long time. This is why it is very important to seek the help of an experienced bank fraud attorney. Having a skilled defense lawyer when it comes to charges of bank fraud may help the defendant create solid defense strategies.

Testimonials

Client Reviews

I hired Russ to represent me in a domestic violence/criminal case in Manhattan. From the beginning to end of the case, he was professional, supportive and dependable. He alleviated all of my concerns with the possible outcome of my case by assuring me the case would be dismissed. He was absolutely right and successfully got my case dismissed. He was always there, any time of the day or night to answer any questions or concerns. I highly recommend obtaining him as your attorney, he is the best you can find to have in your corner!!

I had the pleasure of using Lebedin Kofman LLP, i was greatly satisfied, my son had a very difficult case, assault on NYC police officer, and he got the case completely dismissed. They also work with you on payment plans, all in all i was very pleased, and would definitely use them again. But really hoping I won't need to! lol

I am writing this review to state Big Russ got me back Big Buck for my case.I thank God for Mr. Russ Kofman,and his fine team of lawyers and paralegals. That have the resources and knowledge to make the City and NYC Police Department Paid for what they did to me falsely arrested and falsely incarcerated me. Iam so Graceful ,Thankful and Well Please about the result of my case Mr.Kofman and that fine team of yours .All my plain and all my Suffering did not go away but it sure will help me along the way with that financial blessing.Its just fantastic and so amazing how much I got back. You guys guided me every step of the way.I appreciate all the time and all the effort it took for my result.You guys are heaven send. Thank You Mr.Russ Kofman an Team HALLELUJAH THANK YOU JESUS!!! God bless You Michael

I have been working with different law firms throughout my career. I have had a variety of experiences some good some bad. With that said, my experience with Lebedin Kofman LLP was stellar. They more than delivered. My experience could not have been better. Arthur and his team really had my back. I did alot of research upfront before selecting them and it really paid off. I cannot thank them enough.

Russ handled my domestic violence case which flowed into a very messy divorce. He guided me throw this very scary process and resolved the criminal case very quickly, then turned the tables on my husband and absolutely wiped the floor with his divorce lawyer. I was very happy standing next to him in court and I highly recommend him to anyone looking for a powerhouse lawyer. His fees were also very reasonable and the fact that you get a great team of lawyers working for you helps very much.

I have used them for my civil cases and my criminal cases they are very hard working and professional. They will stop at nothing to see that you get the justice you deserve and i highly recommend them to anyone who is in need of a great law firm. Lastly i would like to thank them for sticking by me and proving my innocence.

Amazing! I highly recommend Russ Kofman! My case was a difficult one and now I'm here without any criminal record thanks to Russ. He is highly skilled in DUI law and criminal defense law. I would recommend him to anyone. I'm so grateful that I chose him as my lawyer !! Very professional, if you're in need of a lawyer that truly is going to get you the best offer possible regarding a DUI, then I suggest Russ Kofman.

Lebedin Kofman has been great to me. They were very understanding regarding my lawsuit and did everything in their power to help me. Kelsey Was amazing, answered back in a timely manner whenever I had Questions and never made me feel uncomfortable or like It wasn’t worth it. They worked hard and ended up getting me a nice sized lawsuit. I appreciate them for all of their work and would recommend to anyone looking for a lawyer who actually cares about you and your case.

Lebedin Kofman LLP is INCREDIBLE!!!!! Arthur and his team demonstrate exceptional professionalism and legal expertise. I was so scared when I received a letter from the court but, Arthur and his team took the time to carefully explain my options and they worked with me to find a solution. Not only did they solve the problem, they got the case thrown out. I can't praise their work enough. I've never written a review in my life , but, I had to for Lebedin Kofman LLP.

I was charged with grand larceny. Russ Kofman and his team had all criminal charges against me dropped, I was found guilty of a minor violation. At all times Russ and his associates were available for me and were extremely helpful and professional. I hope that I never have a need for a lawyer again, however Russ Kofman would be my only choice should the need arise.

I had criminal charges against me and needed to hire a lawyer fast. I decided to call Russ Kofman and told him about my case. The cops locked me up and Russ and his team made sure that I was going to get out. Russ told me to keep calm and let him handle everything. Words can’t explain how Russ got me out less then 34 hours and to top it off he made the DA dropped the charges and had the case dismissed.After I got out Lebedin Kofman and I decided to file a lawsuit against the city, and they got me a great settlement.

Do not hesitate to call this firm because they will be right by your side every step of the way. They surely live up to their great reviews.

I contacted this firm after spending nearly a year worrying about the consequences of answering a bench warrant. After submitting my information online I was called later that day and spoke to the attorney. His professionalism and knowledge were immediately comforting and I knew I had made the right move. I appeared in court with an attorney from the firm who guided me every step of the way. I only wish I would I have contacted Lebedin Kofman earlier instead of letting fear of the justice system get the best of me. Thank you Lebedin Kofman for helping me get back on the right track, I would highly recommend this firm.

I had such a great experience with Arthur. I was impressed with how quickly he worked on my case and delivered a result that was beyond what I had expected. He responded to all my questions quickly and allayed my worries. I was lucky to have found him and I would definitely consult him again if any future issues arise.

These guys are great! I am a student in college that made the mistake of drinking and driving. Needless to say, that will never happen again but the entire experience was traumatic. These guys were able to dismiss my criminal charges and find the best possible outcome for my situation. I highly recommend them for their dedication, expertise and professionalism!

I was charged with a DWI last year. I definitely did not know what to do. Until I did my research and found out about this law firm. Amazing lawyers who worked hard on my case and got it dismissed!! I would recommend Lebedin Kofman to anyone looking for a DWI lawyer in NYC!

Let’s Talk

Your Defense Starts Now.

Address

Long Island
300 Merrick Road
Suite 403
Lynbrook, NY 11563

NYC
26 Broadway, 3rd FL
New York, NY 10004

Call Us

Nassau: 646-663-4430
NYC: 646-663-4430
Tel/Fax: 646-663-4430

Bank Fraud Defense: What Is at Stake

Bank fraud investigations can involve loan applications, account records, checks, wires, credit documents, business statements, identity issues, and communications with financial institutions. The defense should review intent, bank loss, materiality, document context, and whether records support the prosecution narrative.

Bank fraud can involve federal charges, restitution, forfeiture, guideline enhancements, and banking or professional consequences.
Financial records, digital communications, witness statements, expert analysis, and agency communications should be preserved early.
Parallel civil, regulatory, employment, licensing, immigration, or federal consequences may need to be managed at the same time.

Frequently Asked Questions

Can bank fraud be based on loan paperwork?

Yes, but the government must still prove knowing intent to defraud a financial institution and material false statements or conduct.

What evidence matters in a fraud case?

Financial records, communications, contracts, account records, witness statements, audit materials, device data, and expert analysis can all affect the defense.

Should I speak with investigators or auditors?

Speak with defense counsel first. Statements to agents, auditors, employers, banks, or regulators can affect both criminal and civil exposure.

Speak With a Fraud Defense Lawyer

For a confidential consultation, contact Lebedin Kofman LLP before responding to investigators, auditors, financial institutions, employers, or regulators.