Schalk, Ciaccio & Kahn P.C. Will Protect Your Rights
Fraud crimes range in severity, and the state of New York classifies them from misdemeanors all the way to felonies. A bank fraud conviction can compromise your future with the potential of prison time, revoked licenses, and difficulties finding future employment. If you’re facing bank fraud charges in Long Island, NY, you need a team of attorneys you can rely on. Schalk, Ciaccio & Kahn P.C. Our seasoned professionals have over 50 years of experience, including as a prosecutor, handling cases in New York. We understand what it takes to defend individuals in bank fraud causes, and we’re ready to help. Contact us today to schedule your free consultation.
What is Bank Fraud?
Bank fraud is the name given to various non-violent, white collar criminal offenses against a bank, lien holder, or other financial institutions. This crime can occur when an individual tries to secure or obtain funds, assets, or property the financial institution holds by illegal, fraudulent means. It can also be a crime committed by a bank or a group of individuals representing a bank, such as rogue trading or accounting fraud. In these cases, the bank falsifies information to appear stable, licensed, or secure to encourage investment or depositing of funds by an outside party. In order to be convicted of bank fraud, it must be proved that the accused had full intention of defrauding the bank or to keep any money obtained. Here are some examples of bank fraud charges we represent, including:
- Forging Checks
- Forging or Using Counterfeit Financial Documentation
- Falsifying Information to Obtain a Mortgage or Loan
- Wire or Online Bank Fraud
- Mail Fraud
- Identity Theft
- Debit or Credit Card Fraud
- Filing False Insurance Claims
- Consumer Fraud
What Penalties Are Associated with Bank Fraud?
If convicted of bank fraud, the potential penalties under federal law depend on the crime and circumstances. Details such as the value involved will have an impact on sentencing. Federal law states individuals may be sentenced to up to 30 years in prison and up to one million in fines. Further, embezzlement is punishable by up to 10 years in prison and fines equal to the value involved. If convicted, our lawyers will argue on your behalf to receive a lesser sentence, such as no incarceration.
Defense Strategies Against These Charges
We understand the gravity of a conviction, so our team will scrutinize every aspect of your case. Bank fraud cases require the prosecution to prove intent beyond a reasonable doubt, absence of consent, and provide evidence that you did meet New York’s requirements for bank fraud. To create a personalized defense strategy, we know a thorough and in-depth examination of your case is vital. We’ll challenge evidence while undermining the theory or elements of the crime. Here are some common defense strategies:
- Fourth Amendment Violations
- Statute of Limitation
- Lack of Intent to Defraud
- Lack of Scheme Involving a Pattern or Course of Conduct
- Misrepresentation was Not Material
- Alleged Victim was Not a Financial Institution Under Federal Law
Why You Need Seasoned Representation
Beyond being categorized as a federal crime, bank fraud is known to be difficult to defend due to its complexity and technological nature. These matters have their own specific set of terminology that requires a seasoned lawyer to understand. Our experienced bank fraud attorneys understand the financial industry and are committed to protecting your rights. We’ll provide legal guidance to ensure you understand your rights and all available legal options. Further, our team will draw upon our over 50 years of experience and resources to build a thorough defense on your behalf while pursuing optimal results.
Retain Representation From Schalk, Ciaccio & Kahn P.C.
Bank fraud allegations are serious and come with severe penalties. These cases require the assistance of seasoned bank fraud attorneys who have handled previous cases. At Schalk, Ciaccio & Kahn P.C., our former prosecutors will work with you to help you understand all charges leveled against you while protecting your rights. We understand the court system and have extensive knowledge of state and federal banking regulations. Using this knowledge, we’ll tirelessly defend your rights and freedom. Reach out to schedule your free consultation today.