Bank and mortgage fraud allegations can hit hard and without warning.
Maybe you’ve been served with legal papers, federal investigators have contacted you, or you’ve had an unexpected visit from law enforcement. This is when your life takes an unexpected turn.
The urgency cannot be stressed enough. Federal authorities take these cases very seriously, and the longer you wait to get legal help, the more time they have to build their case against you, making the potential consequences even worse.
At Whalen Law Office, we focus on federal criminal cases, and we know how serious these allegations can be. If you’re facing bank or mortgage fraud accusations, it’s crucial to act quickly because the consequences can be significant.
Don’t try to face these charges alone. Even if you believe the charges against you are baseless, having our bank and mortgage fraud lawyer by your side can make all the difference in safeguarding your rights.
Contact us today for a consultation.
Penalties for Bank and Mortgage Fraud Charges
Facing charges of mortgage and bank fraud can be daunting, especially when you consider the severe penalties associated with these offenses. It’s essential to understand the gravity of each type of charge and the potential consequences you may face under the law.
Mortgage Fraud (18 U.S. Code § 1014)
Mortgage fraud involves knowingly making false statements or reports or willfully overvaluing land, property, or security with the intent to influence actions related to various federal agencies or institutions, including the Federal Housing Administration (FHA), the Farm Credit Administration, and others. This fraudulent activity can occur with applications, loans, insurance agreements, or any related financial transactions.
If convicted of mortgage fraud under 18 U.S. Code § 1014, the penalties can be severe:
- Fine: Individuals found guilty may face fines of up to $1,000,000.
- Imprisonment: Those convicted could be sentenced to a maximum of 30 years in federal prison.
It’s important to note that these penalties can vary depending on the specific circumstances of the case and any aggravating factors involved.
Bank Fraud (18 U.S. Code § 1344)
Bank fraud, as outlined in 18 U.S. Code § 1344, involves executing or attempting to execute a scheme or artifice with either of the following objectives:
- To defraud a financial institution.
- To obtain money, funds, credits, assets, securities, or other property owned by or under the control of a financial institution through
- false or fraudulent pretenses, representations, or promises.
Being charged with bank fraud carries significant consequences:
- Fine: Convicted individuals may be subject to fines of up to $1,000,000.
- Imprisonment: Those found guilty can face imprisonment for a maximum of 30 years.
Like mortgage fraud, the penalties for bank fraud can also depend on the specific circumstances and factors related to the case.
If you’re facing mortgage or bank fraud allegations, it’s crucial to seek legal representation immediately. An experienced attorney can assess the specifics of your case, develop a strong defense strategy, and work to mitigate the potential consequences you may be facing.
Common Defenses Against Bank and Mortgage Fraud Crimes
Here, we’ll explore some common defenses used in these types of cases:
- Lack of Intent: One of the key elements in many fraud cases is the intent to deceive or defraud. If your actions were deliberate and you did not intend to commit fraud, this can be a strong defense. Your attorney can help demonstrate that any misrepresentations or false statements were accidental or based on a misunderstanding.
- Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. If insufficient evidence supports the charges against you, your attorney can challenge the case on these grounds. This might include disputing the credibility of witnesses or the validity of the evidence presented.
- Duress or Coercion: This can be a viable defense if you were compelled or coerced into committing fraudulent acts under threats or duress. Your attorney can present evidence demonstrating you were not acting willingly but under significant pressure.
- Lack of Financial Gain: Bank and mortgage fraud cases often involve financial gain as a motive. Demonstrating that you did not benefit financially from the alleged fraud or that any financial gain was unintentional or negligible can weaken the prosecution’s case.
It’s essential to consult with an experienced attorney who can assess your specific case and develop a tailored defense strategy based on the circumstances and evidence. With the right legal representation, you can work toward achieving the best possible outcome in your bank or mortgage fraud case.
Why Choose Whalen Law Office
Here at Whalen Law Office, we’re not just another law firm. We’re your dedicated allies in navigating the complex world of bank and mortgage fraud cases. What sets us apart? It’s our unwavering commitment to you, our clients, and our firm belief in reliability, trustworthiness, and our extensive expertise in this field.
Why Choose Us?
- Your Legal Champions: We don’t just take cases; we take them to heart. Your success is our success, and we’re in your corner every step of the way.
- Built on Trust: Trust is the foundation of any successful attorney-client relationship. With us, you can trust that your case is in capable hands, and we’re dedicated to protecting your rights.
- Expertise That Matters: Our team brings a wealth of experience in handling bank and mortgage fraud cases. We know the ins and outs, and we’re ready to put that knowledge to work for you.
- Non-Judgmental Support: No matter your circumstances, we provide a safe and non-judgmental environment where you can share your story. Your situation matters to us, and we’re here to help.
Choosing Whalen Law Office means choosing a legal team that is genuinely invested in your welfare. We’re more than just lawyers; we’re your advocates, your allies, and your partners in your case.
Don’t Wait – Contact Us Today
If you or someone you know is facing mortgage or bank fraud charges, don’t hesitate to reach out to the Whalen Law Office. We are committed to providing you with the support and advocacy you need during this challenging time.
Experience a judgment-free environment that prioritizes client comfort and confidentiality. Trust in the reliability and integrity that define the core values of our firm.
Contact us today for a consultation.
Can I negotiate a plea deal in a bank or mortgage fraud case?
Depending on the circumstances, it may be possible to negotiate a plea deal with prosecutors to reduce charges or penalties. An attorney can guide you through this process.
What should I do if I believe I’m being wrongly accused of bank or mortgage fraud?
Contact an attorney as soon as possible to discuss your situation. They can help gather evidence, build a defense, and work to prove your innocence.
What is the difference between bank fraud and mortgage fraud?
Bank fraud generally involves schemes to defraud financial institutions directly, while mortgage fraud focuses on fraudulent activities related to mortgage applications, loans, or transactions.
Will I go to prison if I’m convicted?
Prison time is a possibility, depending on the severity of the fraud and other factors.
Can a lawyer help me avoid conviction?
A skilled lawyer can work to build a strong defense and potentially reduce the charges or penalties you face.