Bank Fraud Lawyer

MARK A. PEREZ, ATTORNEY AT LAW

Bank fraud allegations expose you to serious criminal penalties, particularly if federal investigators and prosecutors are involved. Bank fraud cases can involve extensive financial records, digital evidence, account activity, and communications. If you have been contacted by investigators, received a subpoena, or discovered that you are under investigation, talking to a bank fraud lawyer early in the process can help you understand what’s at stake and how you should proceed. 

As a former Dallas County prosecutor who handled white-collar cases, I understand how financial investigations are developed and prosecuted. Schedule a free consultation with me today. 

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What Is Bank Fraud?

Bank fraud is defined under federal law as knowingly carrying out or attempting a scheme (1) to defraud a financial institution or (2) to obtain property under a financial institution’s control through false or fraudulent pretenses, representations, or promises. Because the federal bank fraud statute covers both completed schemes and attempts, an individual does not even need to successfully defraud an institution to face charges. 

Bank fraud generally focuses on intentional misconduct. Inaccurate transactions, banking mistakes, accounting problems, or misunderstandings are not automatically criminal fraud.

Bank Fraud Lawyer - BANK FRAUD EXPLAINED WHEN CAN A BANKING MISTAKE BECOME A FEDERAL OFFENSE - Mark Perez Law

Examples of Conduct That Can Lead to Bank Fraud Charges

Depending on the facts, conduct alleged as part of a bank fraud scheme may include: 

  • Providing false information to get a loan or line of credit 
  • Using fraudulent checks or banking documents 
  • Making false representations to get money held by a bank 
  • Using another individual’s account or financial information without proper authorization 
  • Creating or submitting false documents related to financial transactions 

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Is Bank Fraud a Felony?

Federal bank fraud under 18 U.S.C. 1344 is a serious felony offense. 

Federal bank fraud charges generally concern an alleged scheme involving a financial institution covered by federal law, such as an FDIC-insured bank or a federally insured credit union. The same underlying conduct may also support other federal charges or, depending on the circumstances, charges under Texas law. 

The penalties you may face depend on the specific allegations against you, and prosecutors may sometimes bring multiple charges.  As a bank fraud lawyer, I can review the allegations, evidence, and potential charges so I can identify issues that may shape the defense strategy. 

How Much Bank Fraud Jail Time Could You Face?

Potential bank fraud jail time can be significant in a federal case. Under current federal law, someone convicted of federal bank fraud may face up to 30 years in prison, a fine of up to $1 million, or both. 

The actual sentence someone receives may be affected by the financial loss attributed to the conduct, the person’s role in the offense, the individual’s criminal history, the number of victims, and other relevant facts. As a bank fraud lawyer, I can review how those factors may apply to the allegations in your case. 

What to Expect During a Federal Bank Fraud Investigation and When to Contact a Bank Fraud Lawyer

A federal bank fraud investigation may begin before the person under investigation is aware of it. Federal investigators may review bank statements, electronic transfers, financial documents, emails, and other evidence. In some cases, discrepancies are uncovered by bank audits. In others, a whistleblower may tip off federal investigators. 

If investigators contact you or send a subpoena, or you learn that you may be under investigation, that is a good time to speak with me. As a bank fraud lawyer, I can review what is happening, explain your rights, and help you decide how to respond before you provide information or answer questions.

Defenses to Bank Fraud Charges

Potential defenses depend on the allegations and evidence in the case and may include: 

  • A lack of fraudulent intent 
  • Mistaken identity 
  • Insufficient evidence linking the individual to the alleged scheme 
  • Disputes over representations that were made 
  • Challenges regarding how investigators obtained evidence 

How Mark A. Perez, Bank Fraud Lawyer, Can Help You Fight Bank Fraud ChargesFinancial crime cases require a thorough analysis of the government’s legal theory and the evidence it uses to support that theory. As a bank fraud lawyer, I tailor my defense strategy to the evidence, allegations, and risks in each case. After reviewing the evidence and charges against you, I can identify weaknesses in the allegations and evidence, communicate with investigators, and explore different defense strategies.

Schedule a Consultation About Your Bank Fraud Case

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(214) 752-0505