Federal bank fraud is considered a white collar crime meaning that it is a variety of crime commonly associated with a business setting involving the taking of property or money from a banking institution under false pretenses. Due to its classification as a white collar crime, an allegation of bank fraud is very complex in nature and is typically very paper intensive as there are often thousands of pages of documents from many entities that must be reviewed in order for a Federal criminal lawyer to properly represent his or her client. Compounding this complexity is the fact that it is not uncommon for the United States to prosecute this crime in conjunction with another white collar crime like wire fraud or mail fraud, thereby adding to the complexity of the accusation. Like any other allegation of fraud the allegation involves and undertone of theft. Because of this the potential sentence is dictated by the total amount of value of the theft. White collar criminal allegations like bank fraud, tax fraud, or money laundering are far and away the most complex charges in our criminal justice system and for that reason hiring the right Federal criminal attorney is imperative.What is Bank Fraud?
Federal bank fraud occurs whenever one knowingly executes or attempts to execute some type of scheme to defraud a banking institution. One can also be guilty of this crime if they execute or attempt to execute a scheme in an attempt to obtain money, credit, funds, assets, securities or any other property owned by or under the control of a financial institution by means of false pretenses, promises, or representations. Specifically the United States Attorney must prove each of the following elements beyond a reasonable doubt:
First, it must be proven that the defendant knowingly carried out a scheme or plan to obtain money or property from the banking institution by making false statements or promises;
Second, it must be shown that the defendant knew that the statements or promises were false;
Third, the statements or promises were material; that is, they had a natural tendency to influence, or were capable of influencing, a financial institution to part with money or property;
Fourth, the defendant acted with the intent to defraud; and
Fifth, the banking institution was federally chartered or insured.How can We Help?
If you’ve received a target letter or have been charged with an allegation of bank fraud, it is crucial to contact white collar crime lawyer as soon as possible. A vital element in any bank fraud defense is showing that there was no act performed with any intent to defraud. If one had an honest and good faith belief in the truth of the misrepresentations there is very likely a defense to the intent to defraud element. Further, the misrepresentation must be material to the fraud. At the end of the day without the required intent to defraud, there can be no bank fraud conviction. Our Tampa white collar crime lawyers strive to achieve the best possible result for each of our clients. If you’ve been charged with a Federal crime contact the attorneys at the Mayberry Law Firm today at 813-444-7435 or at 727-771-3847.