Practice Areas – Federal Crimes – Fraud Charges

Have you been charged with federal fraud charges? Federal fraud charges include things such as embezzlement, mail theft, insurance fraud, mortgage fraud, bank fraud, securities fraud, wire fraud, and counterfeiting. Our firm has experienced fraud attorneysthat are ready to fight for YOU. Because we are good at what we do, we have clients from all over the country to count on us to provide them with competent and reasonably priced services. We can help! Contact us today to schedule a free phone consultation. 

Embezzlement

Embezzlement is a crime of trust and typically takes place when someone uses their skills (such as a bank teller, accountant or office manage) to enrich him or herself. It is a kind of property theft. The key is that you or a loved one had access to someone else’s money or property but not legal ownership. Because the taking of these things occurred in conjunction with violating a special position of trust, you have the unique crime of embezzlement.

Federal embezzlement is covered by 18 U.S.C. § 641. Under this law, it is a crime for a person to fraudulently appropriate property when they have been entrusted with it or when the property has lawfully come into the person’s hands. Federal embezzlement law covers two distinct crimes. The first type of crime is where a person steals government property. The second type of crime is where a person knowingly receives previously stolen government property. Federal fraud attorney Jeremy Gordon knows how to fight these charges.

The crime of embezzlement involving stealing government property has three elements. A person commits embezzlement when they (1) have a specific intent (2) to knowingly steal (3) government property. The crime of embezzlement involving keeping stolen government property for someone’s own use has three elements. A person commits this type of embezzlement when they (1) retain a thing of value stolen from the government (2) with the intent to convert it to their own use (3) when they know the property had been previously stolen. Both of these types of embezzlement have a statute of limitations of five years. The punishment for embezzlement involves fines and a maximum prison sentence of one year up to ten years.

Defenses in Embezzlement Cases

  • Entrapment – In an embezzlement case, a defendant may use the defense that they were entrapped by the government and that they had no predisposition to steal government property.
  • Lack of Knowledge – A defendant in an embezzlement case may use the defense that they did not have knowledge of the source and nature of the embezzled funds.
  • Insanity – A defendant in an embezzlement case may use the defense that they were insane or incompetent at the time that the crime was committed.

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    Have you or a loved one been charged with or convicted of a federal crime, such as securities fraud? If so, you need an experienced Federal Defense Lawyer who can help fight for your freedom and your rights. Because we are good at what we do, we have clients from across the country who count on us to provide them with aggressive, competent and reasonably-priced services. We know what it takes to present a successful defense in federal criminal cases. Contact us today and let’s get started working on your case!

Theft or Receipt of Stolen Mail

Mail theft includes any stealing or taking of any item posted by the US Postal Service. This includes letters, packages and postcards. Mail theft does not require the use of force, and includes taking posted items through fraud, deception or embezzlement. A mail thief does not even need to intend to or actually keep the mail they are taking. Hiding or destroying mail also constitutes mail theft, as does the purchase, receipt or possession of mail that a person knows was stolen.

The crime of stealing mail is codified in 18 U.S.C. § 1702 and 18 U.S.C. § 1708 and carries serious potential penalties, even if the theft itself was basically innocuous. In these cases the government must prove:

(1)   That the defendant stole, took, or by fraud or deception, obtained a letter (or postal matter) described in the criminal indictment;

(2)   That the defendant took or obtained a letter (or postal matter) while it was under the control of the U.S. Postal Service;

(3)   That the defendant knowingly or willfully took or obtained a letter (or postal matter) with the intent to steal it.

Under these statutes, the government must prove that the letter was stolen from the mail, that the defendant had the letter in their possession without the consent of the rightful owner, and that the defendant knew that the letter was stolen. You need a good federal fraud attorney to defend against these crimes.

Defenses in Stolen Mail Cases

  • Mislabeled Mail – When a mislabeled letter is delivered to the address on the mail and stolen after it is delivered, it is usually considered not under the authority of the U.S. Postal service and even though a theft has occurred.
  • Mistake – A defendant in a stolen mail case may be able to use the defense that they did not “knowingly and willfully” steal mail but took a letter because of inadvertence, carelessness, or mistake.

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    Have you or a loved one been charged with or convicted of a federal crime, such as securities fraud? If so, you need an experienced Federal Defense Lawyer who can help fight for your freedom and your rights. Because we are good at what we do, we have clients from across the country who count on us to provide them with aggressive, competent and reasonably-priced services. We know what it takes to present a successful defense in federal criminal cases. Contact us today and let’s get started working on your case!

Insurance Fraud

Insurance fraud may be prosecuted under a number of different federal statutes. Many cases of insurance fraud are prosecuted under the mail and wire fraud statutes, 18 U.S.C. § 1341 and 18 U.S.C. § 1343. Under these statutes, it is a federal crime to devise a scheme to defraud someone, either through the mail or by wire communications. In order to convict someone of insurance fraud under the mail or wire fraud statutes, the government must prove that the person: 

(1) Used either mail or wire communications in the foreseeable furtherance;

(2) Of a scheme to defraud,

(3) Involving a material deception,

(4) With the intent to deprive another of,

(5) Either property or honest services.

Persons convicted of insurance fraud under the mail or wire fraud statutes face penalties of up to 20 years in prison, a fine of up to $250,000, the possibility of having to pay victim restitution, and the forfeiture of any property gained from the crime.

Insurance fraud cases may also be prosecuted under the federal conspiracy statute, 18 U.S.C. § 371. In order to prosecute someone for insurance fraud under the conspiracy statute, the government must prove that there was:

An agreement between two or more persons to commit an illegal act, at least one overt act in furtherance of the illegal purpose, and the requisite intent to commit the offense.

The conspiracy statute makes it a crime to conspire to violate the laws of the United States. The conspiracy statute also makes it a crime to conspire to defraud the United States. The penalty for insurance fraud under the conspiracy statute is imprisonment for up to 5 years and a fine of up to $250,000.

Insurance fraud may also be prosecuted under 18 U.S.C. § 1033, which is called the Violent Crime Control and Enforcement Act of 1994. This law makes it a crime to commit insurance fraud when it affects interstate commerce. An experienced federal fraud attorney can help you prove your innocence.

Common Types Of Insurance Fraud

  • Worker’s Compensation Insurance Fraud – In this type of insurance fraud case, a person may scheme to obtain worker’s compensation benefits by defrauding the government.
  • Crop Fraud – In this type of insurance fraud case, a person may deceive the government by filing fraudulent insurance claims to collect money from a taxpayer-backed insurance program set up to help farmers survive when nature destroys crops.
  • Offshore Insurance Fraud – In this type of insurance fraud case, a person may operate an insurance Ponzi scheme where an insurance company in an offshore, unregulated jurisdiction takes in as much premium as possible in a short time – then when the volume of incoming claims exceeds premiums, the company collapses.
  • Corporate Insurance Fraud – In this type of insurance fraud case, insurance agents and brokers may divert policyholder premiums for their personal benefit.
  • Disaster Insurance Fraud – In this type of insurance fraud case, a person may make false and fraudulent claims to get disaster-related government benefits. This type of fraud is usually associated with hurricanes.

Insurance Fraud Defenses

  • Good Faith – A person charged with insurance fraud can use the defense that they did not intend to defraud anyone, and can also use the defense that they did not have a financial motive.
  • Statute of Limitations – A person charged with mail or wire fraud in an insurance fraud case may use the defense that the statute of limitations has expired. The statute of limitations in a mail or wire fraud case is 5 years.
  • Conspiracy cases – In an insurance fraud case prosecuted under the conspiracy statute, a person may use the defense that they withdrew from the conspiracy. To use this defense, the person must have committed affirmative acts that were inconsistent with the object of the conspiracy and must have communicated this to the co-conspirators or to authorities.

    ______________________________

    Have you or a loved one been charged with or convicted of a federal crime, such as securities fraud? If so, you need an experienced Federal Defense Lawyer who can help fight for your freedom and your rights. Because we are good at what we do, we have clients from across the country who count on us to provide them with aggressive, competent and reasonably-priced services. We know what it takes to present a successful defense in federal criminal cases. Contact us today and let’s get started working on your case!

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Mortgage Fraud

There are a number of different categories of offenses which are treated as mortgage fraud. Some of these include:

  • Fraud for Housing – this type of mortgage fraud may involve lying on a mortgage application about household income
  • Fraud for Profit – this type of mortgage fraud may involve foreclosure rescue, financial consultant schemes, short sale fraud or reverse mortgage schemes.

The federal government relies on several statutes when prosecuting mortgage fraud. The most commonly invoked provisions include: the financial crime statutes that involve bank fraud (18 U.S.C. § 1344), loan fraud (18 U.S.C. § 1014), mail and wire fraud (18 U.S.C. § 1341 and 18 U.S.C. § 1343), false statement (18 U.S.C. § 1001), and money laundering (18 U.S.C. § 1956). Federal fraud attorney Jeremy Gordon knows how to fight mortgage fraud charges.

Mortgage Fraud Defenses

  • Key Documents – A defense in a mortgage fraud case can involve showing that a defendant did not “willfully” commit fraud.
  • Internal Investigation – An internal investigation can help in the defense of a mortgage fraud case by showing that internal policies and procedures were adequate and were followed.

    ______________________________

    Have you or a loved one been charged with or convicted of a federal crime, such as securities fraud? If so, you need an experienced Federal Defense Lawyer who can help fight for your freedom and your rights. Because we are good at what we do, we have clients from across the country who count on us to provide them with aggressive, competent and reasonably-priced services. We know what it takes to present a successful defense in federal criminal cases. Contact us today and let’s get started working on your case!

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Bank Fraud

The Bank Fraud Act (18 U.S.C. § 1344) was enacted in 1984. This law makes it a crime to scheme to defraud or obtain money under false or fraudulent pretenses from federally insured financial institutions. Under the Bank Fraud Act, whoever knowingly executes a scheme or artifice (1) to defraud a financial institution; (2) or to obtain the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false of fraudulent pretenses, commits the crime of bank fraud. Bank fraud carries a penalty of up to $1,000,000 in fines or imprisonment for up to 30 years, or both. You need an experienced federal fraud attorney to protect your liberty.

Bank Fraud Defenses

  • Custody or Control – A defendant in a bank fraud case may use the defense that the funds in question were not under the “custody or control” of a federally insured financial institution at the time of the crime.
  • Good Faith – Good faith is a defense to bank fraud because it shows that the defendant did not intend to defraud a bank.

    ______________________________

    Have you or a loved one been charged with or convicted of a federal crime, such as securities fraud? If so, you need an experienced Federal Defense Lawyer who can help fight for your freedom and your rights. Because we are good at what we do, we have clients from across the country who count on us to provide them with aggressive, competent and reasonably-priced services. We know what it takes to present a successful defense in federal criminal cases. Contact us today and let’s get started working on your case!

Securities Fraud

Securities fraud is a broad term that covers any act of willful deception or misrepresentation. This is typically related to the purchase and sale of stocks, commodities and investments. In most cases, activities involve the intentional misrepresentation of facts to investors in order to make a profit. Some examples include, but are not limited to:

  • ‘Insider’ trading – using confidential corporate information to benefit or manipulate the purchase or sale of stocks;
  • Accounting fraud – falsifying or destroying account records to misrepresent the health or activities of a business;
  • ‘Churning’ – advising or encouraging investors to engage in excessive trading in order to generate more fees for the broker, without regard for the best interest of the investor;
  • Backdating stock options;
  • ‘Ponzi’ or ‘Pyramid’ schemes, in which investors are paid returns from subsequent investors, with no real investment product or opportunity;
  • Advance fee schemes in which an investor is asked to pay fees or taxes to obtain information about a ‘once in a lifetime’ investment opportunity.

Securities Fraud Defense

While it is inarguable that some people may set out to use deception to trick others for their own financial gain; there are also a good number of people who have been charged with securities fraud just because they did not understand U.S. securities laws and violate these laws unknowingly.

Regardless of the motives of a person suspected or accused of securities fraud, it is critical to secure wise and experienced legal counsel and defense representation. Contact us today for a FREE consultation and learn more about how we can help protect your rights if you have been charged with federal securities fraud violations.

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Have you or a loved one been charged with or convicted of a federal crime, such as securities fraud? If so, you need an experienced Federal Defense Lawyer who can help fight for your freedom and your rights. Because we are good at what we do, we have clients from across the country who count on us to provide them with aggressive, competent and reasonably-priced services. We know what it takes to present a successful defense in federal criminal cases. Contact us today and let’s get started working on your case!

Have you or a loved one been charged with or convicted of a federal crime? You need an experienced Federal Defense Lawyer who can help fight for your freedom. Contact us today for a free consultation.

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The law office of Jeremy Gordon is dedicated and focused on powerfully and effectively representing our clients. We look forward to the opportunity to discuss your case with you. Contact us today for a free consultation and initial case review.

About the Law Office of Jeremy Gordon:

Located in the Dallas/Fort Worth Area, the Law Office of Jeremy Gordon has been an award winning federal criminal defense firm since 2012. We have had favorable outcomes in more than 70 cases in the past four years. Our entire staff is committed to providing excellent service to our clients and their families. We encourage you to contact our office today to visit with us on how we might be able to help you or your loved one get the representation they deserve. You can also add us on Facebook or Twitter.  You can sign up for our newsletter below.

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