NYC Bank Fraud Lawyer
Bank fraud involves actions where a person or business obtains bank property through the use of fraud or deception. It may be done by someone with insider knowledge of the workings of the bank, such as a bank teller or manager, which falls within the classification of embezzlement. However, bank fraud also may exist when an outside person, typically in a professional field, uses access to the bank to defraud the bank itself, or its clients. The people most commonly charged with bank fraud are accountants, lawyers, investment bankers, and other business professionals. There are severe penalties if convicted of bank fraud, based, in large part, on the amount of actual damages from the fraud. These cases require someone with an astute knowledge of federal fraud cases because of the complexity of the financial records that nearly always form the foundation of the case.
At Greco Neyland, PC, our tenacious and skilled attorneys understand how prosecutors build a bank fraud case and we know how to evaluate the evidence to discover legal flaws. In addition, the experience of the founding members in working as prosecutors have revealed the tricks of the prosecution, enabling our attorneys to circumvent these traps. With every case, we are prepared to go to trial, which removes a key intimidation tactic utilized by both state and federal prosecutors. We will advocate aggressively on behalf of those accused of bank fraud.
When a person has been charged with bank fraud, there are a number of activities that may be used to prove the alleged fraud, which include demonstrating that the defendant:
- Used counterfeit or forged financial documents to gain the assets of the bank;
- Submitted a loan application with false or misleading information;
- Submitted false or misleading appraisals;
- Created inflated purchase or lending information in order to obtain bank assets that otherwise would not be made available; or
- Created straw borrowers in order to obtain favorable terms on a loan.
Bank fraud charges are prosecuted by federal Assistant United States Attorneys because banking institutions are regulated by the federal government and there are government protections in place for banks. In addition, there is a bank fraud statute that is used to prosecute these types of cases. The provisions of this statute dictate that a person or business that knowingly executes or attempts to execute a scheme or other type of artifice that is intended to defraud a financial institution or otherwise obtain a financial benefit from the financial institution through the use of fraudulent promises or pretenses may be found guilty of bank fraud. This is a very broad statutory definition of bank fraud, which carries serious penalties. A person convicted of bank fraud may risk up to 30 years in prison and may be liable for fines up to one million dollars.
Greco Neyland, PC Aggressively Fights against Federal Bank Fraud Charges
Federal bank fraud is a very serious crime that carries a risk of lengthy prison terms and hefty fines. The penalties for bank fraud are provided by the federal sentencing guidelines, which direct the terms imposed by the judges in these cases. Although there is some flexibility in the application of these guidelines, many federal judges do not veer far from the recommendations. If you are facing federal bank fraud charges, the knowledgeable and tenacious New York Criminal Defense Attorneys at Greco Neyland, PC are prepared to go to battle to protect your rights. We understand how the prosecution works and will analyze each piece of evidence in order to find weaknesses. In addition, we evaluate the investigation itself, looking for any constitutional violations committed by overzealous federal agents. We are conveniently located in lower Manhattan, and we offer reasonable rates. We do not hesitate to take a case to trial, unlike a number of local attorneys who collect a fee and then recommend a hurried plea deal. To schedule a free initial consultation to discuss your case, call us at (212) 951-1300 to get in touch with us today so we can start protecting your freedom right away!