Bank fraud is a type of white-collar crime in which a scheme achieved through deception or misrepresentation targets a financial institution or the assets it owns or holds for its customers. Numerous actions can constitute bank fraud, from knowingly making false statements on loan applications to intentionally trying to cash or deposit bad checks. While a person who isn’t affiliated with the targeted bank can be charged with bank fraud, so can a customer of the financial institution or a bank employee.

What are the defenses to bank fraud?

There are numerous potential defenses to bank fraud, from establishing that the allegations against you are false or that you were incorrectly identified as the perpetrator to arguing a lack of intent to defraud and showing that the activity was an honest mistake rather than a deceptive scheme. In developing an effective defense against bank fraud charges, I will conduct a thorough investigation to obtain evidence in your favor, evaluate whether the prosecution’s evidence was acquired through improper procedures, and identify weaknesses in the case against you. I develop personalized defenses for every client I serve and begin each case by listening to the individual’s unique situation to gain an understanding of their legal issue and their goals.

Is bank fraud a federal crime?

Yes, bank fraud constitutes a federal crime when you are accused of violating Section 1344 of Title 18, United States Code, or any other federal law. Per the U.S. Department of Justice, this law applies to cases involving fraud allegedly perpetrated against any institution that is chartered under the federal laws of the United States or federally insured (for example, insured by the Federal Deposit Insurance Corporation, or FDIC). This means that the alleged activity doesn’t have to cross state lines to be considered under the jurisdiction of the federal government. However, Florida also maintains its own state-level statutes prohibiting bank fraud. You may face charges in Florida courts, whether or not you have also been charged at the federal level.

What should you do if you are being investigated for or charged with bank fraud?

Bank fraud is a serious crime that could send you to prison for years, depending on the specific offense and the grade of the charge. You need to take this matter seriously, avoid making common mistakes, and bring on knowledgeable legal counsel to represent you. Even if you made a genuine mistake, speaking to law enforcement or federal investigators about the case may make the situation worse. Don’t talk to law enforcement if you are under investigation. If asked to “answer a few questions” or provide a statement, use your right to remain silent. Politely but firmly inform officers or agents that you won’t be providing any information without an attorney present. Then contact my law firm for the guidance and representation you need. If you have any documentation that could serve as evidence in your case, preserve it and discuss with your attorney how this evidence should be presented in the context of your legal strategy.

Miami Bank Fraud Lawyer | Bank Fraud Defense Attorney in Miami, FL

Bank Fraud Defense Attorney in Miami, FL, Defending Against Serious Criminal Charges for Clients in South Florida and Nationwide

A mistake, a misunderstanding, or a poor decision could leave you facing charges of bank fraud in Florida or in federal court. As a Miami bank fraud lawyer with a history of providing effective white-collar crime defense, I know that these cases are often more complex than they initially seem. You might think that coming forward to clear things up with the police will make things right, but instead, this well-meaning attempt could help fuel the case that law enforcement officers and prosecutors are already building against you.

At Forge Litigation Group, I know how important it is that people charged with bank fraud offenses have access to knowledgeable legal counsel. There’s so much misinformation out there that trusting the wrong source could wind up undermining your defense. When you contact me for a confidential consultation, you will have the chance to discuss the specifics of your case, hear an objective evaluation of your rights and legal options, and get your questions answered.

Types of Actions That Can Constitute Bank Fraud

Bank fraud crimes encompass numerous activities that share specific common characteristics, including a scheme that utilizes deception and either a financial institution or the assets under its control. Many forms of bank fraud involve the misuse of checks, lines of credit, or various kinds of financial accounts.

I represent clients accused of many types of bank fraud, including:

Forging checks or fraudulently altering names or values on legitimate checks
Producing counterfeit checks
Writing “bad” checks knowing that you don’t have the funds to cover the payment amount
Writing bad checks from one account and depositing them into another account before the lack of funds is discovered, which is known as check kiting
Using checks stolen from another person to withdraw money from a bank
Committing identity theft in forms such as applying for loans or opening accounts in someone else’s name
Securing a loan or a line of credit through false statements or intentional misrepresentations of income, collateral, or credit history
Tampering with a company’s financial statements to persuade a bank to issue a business loan under false pretenses
Falsifying information on a mortgage loan application, which is known specifically as mortgage fraud
Intentionally inflating the appraisal value of a property to secure a higher mortgage loan value
Using a stolen credit card or “skimming” credit card information to make unauthorized transactions
Making unauthorized withdrawals from someone else’s account using a stolen or counterfeit debit card
Gaining unauthorized access to someone else’s bank account, often through theft of online login credentials, and using that access to steal assets or financial information
Acquiring others' login credentials or unauthorized access to financial accounts through phishing scams and other types of computer crimes
Providing fake identification documents, financial statements, and other documents to a bank for deceptive purposes
Fabricating a fake identity that incorporates both factual and false information to conduct fraudulent transactions or open fraudulent bank accounts
Embezzling bank or customer funds by bank employees or others affiliated with the financial institution
Participating in unauthorized financial trading activities as a worker employed by a financial institution
Using a legitimate bank to facilitate a money laundering scheme that obscures the true sources of unlawfully obtained funds
Committing gift card fraud by converting funds illegally acquired from others’ accounts to gift cards, which can make the money more difficult to trace
Conducting wire fraud to make unauthorized transfers of money

With the comprehensive legal support I provide for those facing bank fraud charges of all kinds, representation by my firm allows you to approach the legal process from an informed position and empowers you to make smart decisions about your defense.

Understanding Bank Fraud Charges in Florida and Federal Courts

Fraud refers to the crime of using some form of deceit for personal gain, often (although not always) monetary in nature. In matters of bank fraud, such activities were allegedly used to defraud a financial institution or to obtain assets held by a financial institution.

Whether you’re facing charges in state or federal court, or both, you need to take this situation seriously. Even a misdemeanor offense can result in jail time in Florida, while a third-degree or second-degree felony at the state level can lead to imprisonment of five or 15 years, respectively. Retaining a Miami bank fraud lawyer can help you protect your rights, your freedom, and your future in the wake of facing white-collar criminal charges.

Federal Bank Fraud Charges

Under Section 1344 of Title 18, United States Code, any scheme to defraud a federally chartered or federally insured bank is a violation of federal law. This statute encompasses all schemes to defraud such banks or to unlawfully obtain money, securities, or assets that these institutions own or hold for their customers.

As a federal crime, bank fraud can be punished severely. If convicted, you could face consequences amounting to fines of up to $1,000,000 and prison terms of up to 30 years.

Bank Fraud Charges in Florida State Courts

Florida also has laws against committing bank fraud. Violations of these laws could result in bank fraud charges at the state level.

Section 655.0322 of Florida Statutes addresses crimes of defrauding financial institutions or fraudulently acquiring money or other assets under the control of a bank. This offense constitutes a second-degree felony. Additionally, making false statements or overvaluing property to secure a loan, credit, purchase agreement, or another type of gain through this deception is a second-degree felony. This statute also covers crimes by bank employees, including embezzling or misapplying money, making false entries in financial statements, and accepting money or other items of value in exchange for securing a loan or credit for someone else.

Another state law, under Section 832.05 of Florida Statutes, addresses the crime of knowingly issuing worthless checks or cashing or depositing fraudulent items. Knowingly issuing or giving someone a worthless check is a first-degree misdemeanor if the amount of the check is less than $150 or a third-degree felony if the amount is $150 or above. For cashing or depositing a check or another item with the intent to defraud, you could be charged with a third-degree felony in Florida.

Fighting for Fair Treatment and Favorable Outcomes as a Bank Fraud Defense Attorney in Miami, FL

Under both state and federal laws, defendants are entitled to specific rights and protections when facing criminal charges. My role as your Miami bank fraud lawyer is to advocate for the treatment you're entitled to under the law and to pursue an outcome that’s as favorable as possible. Depending on the circumstances, that could mean:

Getting the charges dismissed or dropped entirely
Getting the charges reduced to lesser offenses
Filing pre-trial motions to get improperly obtained evidence suppressed
Securing a favorable plea agreement through skillful negotiations with the prosecutor
Building and presenting an effective defense at trial to achieve a not-guilty verdict
Advocating for lighter sentences in the event of a bank fraud conviction
Handling any appeal or post-conviction relief necessary in your case

For the clients I serve, I’m a dedicated advocate committed to fighting for their best interests inside and outside the courtroom.

How Forge Litigation Group Can Help You Beat a Bank Fraud Case

In fighting back against criminal charges as your Miami bank fraud lawyer, I’ll consider every aspect of the case against you and the legal elements that the prosecution must prove beyond a reasonable doubt. I’m ready to pursue all defense arguments that could fit your situation, including:

False or fabricated allegations against you
Mistaken identity, when the alleged crime did occur but you were not the perpetrator
A lack of intent to defraud
Genuine mistakes made on applications or when writing checks (including writing checks without knowing you don’t have the funds to cover the amount)
A good-faith belief that the actions you took or the records you provided were legitimate
Misrepresentations that did not meaningfully influence the bank’s decision to approve a loan or line of credit
Misrepresentations or fraudulent transactions made under duress due to someone else’s threats or force
Constitutional violations or chain of custody issues that may provide grounds for getting improperly obtained evidence suppressed
Insufficient evidence to to prove all elements of the case against you beyond a reasonable doubt, as is required for a conviction

An effective defense against serious criminal charges doesn’t just happen. Building a successful strategy demands careful case preparation, thorough analysis, and personalized attention.

Why Choose Forge Litigation Group as Your Miami Bank Fraud Lawyer?

With Forge Litigation Group as your bank fraud defense attorney in Miami, FL, you’ll have legal counsel that is experienced, prepared to take your case as far as necessary, and committed to ensuring access to legal guidance through consultations and flexible fee approaches.

Extensive Legal Experience Inside and Outside the Courtroom

For more than 25 years, I have represented clients in a variety of legal matters, including criminal defense cases that involve complex legal issues. I draw on my extensive experience in the courtroom, including beginning my career as an Assistant Public Defender in Miami-Dade County and taking multiple cases to court each year in my private legal practice, to present the most compelling cases possible during trials.

Trial-Readiness for Every Bank Fraud Case

As your attorney, I’ll never pressure you to take a plea deal to avoid the hassle of going to trial. I’m a trial attorney, and my approach is to prepare every case for the possibility of going to court. That means you’re ready for whatever lies ahead and whatever path offers you the most favorable outcome when facing bank fraud charges.

A consultation and Flexible Fee Arrangements

Due to the financial nature of bank fraud, courts may sometimes freeze defendants’ bank accounts when they are charged with white-collar crimes. Recognizing that this development shouldn’t get in the way of getting the legal guidance you need, I offer confidential consultations and take a flexible approach to charging legal fees.

Contact a Miami Bank Fraud Lawyer at Forge Litigation Group Today for a Case Review

Your defense demands swift action, thorough investigation, and careful development of an effective legal strategy. Whether you’ve already been charged with defrauding a financial institution or you just recently learned that you’re under investigation, it’s never too early to benefit from consulting knowledgeable legal counsel.

For help from a bank fraud defense attorney in Miami, FL, contact Forge Litigation Group online or call 786-933-8794 today.

Miami Bank Fraud Lawyer