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Bank Fraud

Posted by Joseph Tully | May 25, 2019

Are you Charged with, or Under Investigation for Bank Fraud In California?

Our Experienced Bank Fraud Criminal Lawyers Can Help in all Federal or State CA Courts

If you are being investigated for or charged with bank fraud in the State of California, you are facing permanent, life-changing consequences. Bank fraud is a serious Federal crime, and those convicted of even conspiring to commit bank fraud face harsh penalties – including fines of up to $1 million, up to 30 years in prison, and unforgiving public scrutiny.

Bank fraud allegations unfortunately often result in “guilty until proven innocent” behavior from the public and media and your personal and professional relationships can unravel.

Federal Prosecutors take Bank Fraud Cases very Seriously

Defrauding a federally-insured bank prompts federal agencies and prosecutors to apply every possible measure to secure a conviction. With the large amount of evidence and interrogation involved in bank fraud cases, there is more than enough room for police misconduct, illegal searches and seizures, and violations of your Constitutional rights (all potential defenses).

Tully & Weiss California bank fraud defense attorneys' meticulous defense protocol combs through every element of the prosecution's case against you, discrediting unreliable witnesses, excluding illegal evidence and highlighting police misconduct. Our ultimate goal is to keep your record clean.

If you have been accused of bank fraud in California, phone our California bank fraud defense attorneys at 925.229.9700 to discuss your case at no cost.

What Charges are Included in a Bank Fraud Offense?  18  USC 1344

Bank fraud can involve patrons and bank employees in any line of work, from mail room workers to CEOs. Crimes can include such innocent acts as mailing a letter, making an error on a loan application, signing a document or sending an email. If you are being investigated for bank fraud, it is crucial you speak with an expert bank fraud defense attorney as soon as possible. Even if you are told you are merely a witness to the investigation, you could end up facing fines and prison time. It's time to “lawyer up”.

Under 18 U.S.C. § 1344, Federal bank fraud entails knowingly and deliberately conducting a scheme to defraud a federally chartered or insured financial institution with the intent to collect money or other property of value.

At Tully & Weiss, our California bank fraud defense lawyers aggressively defend individuals accused of finance-related (“white collar”) crimes including:

  • Mail fraud
  • Wire fraud
  • False statements
  • Conspiracy
  • Falsifying documents
  • Money laundering
  • Counterfeiting
  • Embezzlement
  • Identity theft
  • Credit card fraud
  • Loan application fraud
  • ATM fraud
  • Fund diversion
  • Check fraud, kiting, forgery
  • Accounting fraud

Even withholding information or making false statements to federal investigators during an investigation is a punishable Federal crime. We've seen innocent people go to prison (not our clients) for making innocent mistakes in a federal investigation. Federal agencies don't hold back in interrogations and gathering evidence – and can go overboard, pushing their legal limits. You can learn more about the law enforcement misconduct prevalent throughout the California criminal justice system in defense attorney (Tully and Weiss founder) Joseph Tully's book, California: State of Collusion.

In Bank Fraud cases it is imperative that you obtain legal counsel as soon as possible to protect your rights and avoid unknowingly incriminating yourself. The Tully & Weiss California bank fraud defense attorneys discreetly, meticulously, and zealously defend your rights and fight to keep your record clean.

Our experience prevailing in complex criminal trials against shrewd prosecutors in front of seemingly immovable juries is unparalleled. Attorney Joseph Tully has achieved the elite status of California Criminal Law Specialist, a State Bar designation that recognizes his unique know-how, expertise, and success in criminal defense law.

Contact Tully & Weiss Law Firm today to schedule a free consultation with an experienced California bank fraud defense lawyer:
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

What are the Penalties you Face for a Bank Fraud Conviction?

In most cases, bank fraud is prosecuted at the Federal level and penalties are severe.

Depending on the facts of the case, charges involving federal bank fraud are punishable by:

  • Up to 30 years in federal prison
  • Fines of up to $1,000,000
  • Restitution orders

As if these penalties aren't harsh enough, allegations of Federal bank fraud can result in a criminal record and permanent damage to your career and credibility. Difficulty obtaining employment, loans, housing and professional licenses can haunt you for life.

Individuals accused of bank fraud have everything to lose. With over 40 years of experience in criminal law, our California bank fraud defense attorneys are not intimidated by federal prosecutors, and work vigorously to investigate the charges against you and uncover the falsehoods, law enforcement misconduct, and shortcuts taken in the prosecution's case.

Your best chances for getting charges reduced or dismissed is to contact a Tully & Weiss California bank fraud defense attorney immediately:
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

What Defenses Will We Use to Fight a Charge of Bank Fraud in California?

The evidence prosecutors use to convict someone of bank fraud often involves normal, everyday conduct like mailing checks, filling out loan applications and making phone calls. Scrutinizing and challenging this always-ambiguous evidence is key in defending your charge of bank fraud.

The prosecution is required to prove the following elements of bank fraud beyond a reasonable doubt to obtain a guilty verdict:

  1. The defendant knowingly executed a “scheme or artifice” in order to
  2. Defraud a financial institution, or
  3. Obtain money or other property of value under the financial institution's custody via false pretenses.

Some of the defense strategies, in addition to aggressively challenging each of the above elements of the crime, our expert California bank fraud defense attorneys may use to defeat a federal bank fraud charge include:

  • False Accusation: Perfectly legal transactions can be mistaken as acts of bank fraud. If the bank fraud defense attorney can show that the defendant was falsely accused and was not involved in a fraudulent act, the defendant cannot be convicted of bank fraud.
  • Lack of Intent: The prosecution is required to prove beyond a reasonable doubt that the accused “knowingly” engaged in bank fraud. If the bank fraud defense attorney can demonstrate the defendant had no criminal intent to defraud the bank, the charges must be dropped.
  • Illegal Search and Seizure: Copious amounts of evidence are involved in bank fraud investigations. If police officers or investigators obtain evidence in an unconstitutional manner – without proper consent, valid search warrants or other measures – the bank fraud criminal attorney will file a motion to suppress (throw out) that evidence. If that evidence is crucial to the prosecution's case against you, the charges could be dropped early in the case.

Listed among the “Top 100 Trial Lawyers” for multiple years, we are more than prepared to fight aggressively for your rights and freedom before and during trial and we always pursue full acquittal. Once you have been charged with a crime, the government has no concern for your explanations, life circumstances, career, family or future. Their only concern is collecting their fines, adding to the win record by which they are judged, and seeing you behind bars.

Federal prosecutors are among the best, and an expert California bank fraud defense lawyer is your best chance at preserving your future. Located in Contra Costa, California, Tully & Weiss bank fraud defense attorneys provide counsel in Alameda County, Santa Clara, and throughout the state.

Even if you only suspect you may be investigated for bank fraud, or feel you may have to serve as a witness in a bank fraud case, we urge you to contact us now at 925.229.9700 to ensure your rights and freedom are protected.

About the Author

Joseph Tully

Founding Partner, Criminal Law Specialist Our founding attorney, Joseph Tully, is sought out for his expert legal advice throughout California. With over 20 years of experience as a criminal lawyer, in 1000+ felony and other cases, Tully served as felony trial counsel as a public defender before...