If you are under investigation or have been arrested for fraud or financial crime you may need to hire an experienced criminal defense attorney.
Fraud and financial crimes are a form of theft that occur when a person takes money or property with the intent to gain a benefit from it. Fraud and financial crimes usually involve some kind of deceit or the abuse of a position of trust.
Many fraud and financial crimes are state crimes that are prosecuted at the state level. However, some fraud and financial crimes involve state and federal violations and can be prosecuted at the federal level. Some fraud and financial crimes are federal crimes that are only prosecuted in federal court.
If you are being investigated for fraud or financial crime you may want an attorney with state and federal experience with you during questioning. If you have been charged with a fraud or financial crime you will need an attorney with state and federal experience in order to negociate with the government or take the case to trial if necessary. An experienced criminal defense lawyer can help you determine the best defense. Some of these fraud and financial crimes are:
- Fraud, Conspiracy to Commit Fraud and Scheme to Defraud;
- Employee Theft or Embezzlement;
- Credit Card Fraud and Identity Theft;
- Securities Fraud, Telemarketing Fraud, Investment Schemes, Ponzi Schemes;
- Bank Fraud, Forgery, Mail Fraud, and Money Laundering;
- Insurance Fraud, Staged Accidents, False Insurance Claims, and Arson;
- Mortgage Fraud, False Information on Mortgage Documents;
- Health Care Fraud, Fraudulent Billing, Medicare, and Medicaid Theft or Fraud.
Fraud, Conspiracy to Commit Fraud and Scheme to Defraud
Fraud is the use of deception for monetary gain and always includes a false statement, misrepresentation or deceitful conduct. The main elements of fraud are a misrepresentation with the knowledge that it is false, to a victim who relies on the misrepresentation and who suffers actual loss as a result. For example, it may be fraud if a land developer misrepresents real estate as waterfront property knowing that it is actually a swamp, and a victim purchases the property and suffers a loss.
Employee Theft or Embezzlement
The crime of embezzlement happens when a person has lawful possession of another person’s property, takes that property for his own, and has no intention of giving it back. For example, it may be theft or embezzlement if an employee who is authorized to pay the company’s bills writes a company check to buy themselves a new car without authorization.
Credit Card Fraud and Identity Theft
Credit card fraud is a form of identity theft that involves the unauthorized taking of someone’s credit card information for the purpose of charging purchases to the account or removing funds from it. Credit card fraud can be committed when a person fraudulently obtains, takes, signs, uses, sells, buys, or forges someone else’s credit card or card information. For example, it may be credit card fraud and identity theft if someone opens a new account with stolen identification and makes purchases using the card.
Securities Fraud, Telemarketing Fraud, Investment Schemes, Ponzi Schemes
Securities fraud occurs when someone makes a false statement about a company or the value of its stock, and others make financial decisions based on false information. Telemarketing fraud is where someone calls the victim, makes a false statement, and the misrepresentation causes the victim to give money or sensitive information to the caller. A Ponzi scheme is an investment fraud that pays existing investors with funds collected from new investors. Organizers of this type of fraud promise to invest the money and generate high returns for investors. The organizers do not invest the money, they keep some of it for themselves and pay early investors with the rest.
Bank Fraud, Forgery, Mail Fraud, and Money Laundering
Bank fraud or mortgage fraud includes various illegal schemes involving some type of misrepresentation on banking or mortgage documents. Mail fraud is the use of the U.S. Postal Service or a private interstate carrier to commit a crime of deceit. Money laundering statutes make it a crime to transfer money derived from almost any criminal activity into seemingly legitimate channels, in an attempt to disguise the origin of the funds.
Insurance Fraud, Staged Accidents, False Insurance Claims, and Arson
Insurance fraud is any act committed to defraud an insurance company. This occurs when a claimant attempts to obtain some benefit they are not entitled to by staging an accident, filing a false claim, or committing arson.
Mortgage Fraud, False Information on Mortgage Documents
Mortgage fraud is an illegal scheme involving misrepresentation on mortgage documents when a home buyer, mortgage broker or real estate agent submits fake or false documents to obtain a loan.
Health Care Fraud, Fraudulent Billing, Medicare, and Medicaid Theft or Fraud
Health care fraud includes billing for services that were never rendered, billing for more expensive services or procedures than were actually provided or performed, performing medically unnecessary services solely for the purpose of generating insurance payments, misrepresenting non-covered treatments as medically necessary covered treatments for purposes of obtaining insurance payments, and falsifying a patient’s diagnosis to justify tests, surgeries or other procedures that aren’t medically necessary.
Should I Contact a Fraud and Financial Crime Defense Attorney?
If you are under investigation or have been arrested for fraud or financial crime it is important to speak with an experienced criminal defense lawyer. A criminal defense attorney can help level the playing field, protect your rights and see that you get a fair shake. Not every attorney has the qualifications and experience to handle a fraud or financial crimes case.
If you or a loved one need legal assistance with fraud or financial crimes case call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813 229-5353.