Facing a Bank Fraud Charge in New York? A New York Bank Fraud Lawyer Can Help
If you are facing charges of bank fraud or white collar crime, the best course of action is to immediately contact an experienced and reputable New York Bank Fraud Lawyer for help defending against the prosecutor’s allegations. Even if you are just under investigation or are being questioned by police, working alongside an experienced attorney can help ensure you do not inadvertently make incriminating statements against your interests, which, surprisingly, can happen more often than clients realize. By working with an attorney from the outset of your case, you can also ensure proper search and seizure protocol is followed and no evidence is obtained illegally. For help with any financial criminal charge, contact our office right away to get started on your defense.
Common Bank Fraud Crimes in New York
New York is at the epicenter of American trade and commerce. Several of the world’s biggest banks are headquartered, or maintain a large-scale presence, in New York’s financial district, employing thousands of financial advisers and bankers. An emerging trend in the financial market involves web-based banking, which lends itself to additional threats of identity theft and financial misconduct.
As any New York Bank Fraud Lawyer can attest, bank fraud occurs commonly in conjunction with scammers and con artists eager to bilk unsuspecting victims out of their hard-earned cash and assets. According to the New York Federal Reserve, email-based banking scams are on the rise, targeting victims by requesting sensitive banking and identification information while masquerading as an official banking institution. Similar scams are regularly perpetrated on elderly or vulnerable victims as a way to extract their nest eggs and leave them destitute. As a result of these rising banking fraud crimes, authorities are increasing their efforts at targeting alleged perpetrators, often gathering possible suspects who are not actually involved in fraudulent banking activity at all.
In addition to the scams listed above, white collar crimes and executive-level bank fraud can cause a host of problems for a defendant if convicted. Our bank fraud defense experience allows us to thoroughly and aggressively advocate on behalf of banking, securities and mortgage lending executives facing hefty fines, penalties, restitution and possible jail time a result of a criminal conviction under New York’s bank fraud laws. Our defense team can handle virtually any type of alleged bank fraud scenario, including:
- Fraud in the securities trading industry
- Mortgage lending fraud
- Small business loan fraud
- Identify theft
- Money laundering
- Wire fraud
- Check kiting
Regardless of the nature of your bank fraud charge, we encourage you to immediately enlist the services of an experienced bank fraud attorney from the beginning of your case to the final appeal. It is well worth the investment.
Defenses to Bank Fraud and Conspiracy in New York
As you are likely aware, bank fraud is punishable under both New York and federal laws and often carries serious financial consequences for anyone convicted. As with the majority of crimes, the prosecution must prove that the defendant intended to commit the act, and it was not the result of mere accident or negligence. For example, a bank fraud defendant facing a wire fraud charge must have intended to use a wire service to commit purposeful fraud. Accidentally wiring money to the wrong recipient, while possibly exposing the defendant to civil liability, does not give rise to the criminal culpability required in a New York wire fraud case.
In many bank fraud scenarios, defendants find themselves facing conspiracy charges on top of the bank fraud indictment. In order to successfully prosecute a conspiracy charge, the district attorney must show that the defendant and at least one other individual agreed to advance bank fraud together and performed some sort of act in furtherance of this goal. As you may know, co-conspirators engaged in a criminal plan are culpable for the crimes committed by any other member of the conspiracy, which can impose unfair and devastating additional charges on a bank fraud defendant. However, an experienced bank fraud lawyer can help defeat a charge of conspiracy by showing that there was no express or implied agreement to commit bank fraud as a group or partnership. Likewise, a bank fraud attorney can argue that the defendant facing the charge took steps to exit the conspiracy before any actual crimes were committed.
The severity of a bank fraud sentence will depend heavily upon the nature of the crime, the amount of money in question, and the number of investors or bank customers harmed by the alleged misconduct. Under federal bank fraud sentencing guidelines, courts are directed to consider a number of factors when determining an appropriate jail term or penalty for the accused. Some important factors considered by the court include:
- Nature of the crime and circumstances surrounding the misconduct
- Criminal background of the defendant
Whether the crime involves violations of public policy, including:
- Deterring others from committing a similar act
- Promoting a respect for the law
- The need to provide the defendant with rehabilitation or education
Understand that, although bank fraud does not generally involve threats of bodily harm, injuries or violent conduct, penalties can rival those imposed on criminal convictees, particularly if the amount of money in controversy is significantly large. For these reasons, you are encouraged to contact a New York bank fraud lawyer immediately upon learning of an investigation.
Contact a Reputable New York Bank Fraud Lawyer Today
If you are under investigation for any sort or white collar crime, including banking fraud, securities fraud, mortgage and lending fraud, or fraud involving real estate, our New York Bank Fraud Lawyer can help you defend against the government’s charges and maintain your reputation within the banking industry. For an immediate appointment, please contact attorney Frederick L. Sosinsky by calling (212) 285-2270.