Regardless of what the media may portray, white-collar crimes are not always committed by powerful business executives. Defrauding shareholders for millions of dollars and getting away with a slap on the wrist may be what makes the nightly news, but it is far from the average white-collar crime.
Ordinary people are charged with fraud and other white-collar crimes every day in California. If you or someone you care about has been accused of committing bank fraud in California, it is imperative that you contact an Aron Law Firm white-collar crimes attorney as soon as possible.
Types of Bank Fraud Crimes in California
In California, any act that results in an unfair or undeserved benefit to you and causes harm or loss to another party can result in a criminal charge for fraud. Since these crimes are typically committed with the intention of acquiring money, it is common for banks to become entangled in the act at one point or another.
The Federal Deposit Insurance Corporation (FDIC) states that bank fraud is committed by anyone who:
“…knowingly executes, or attempts to execute, a scheme or artifice--
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits, assets, securities or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises…”
Partaking in any of the following criminal activities could result in a federal charge for bank fraud:
- Accounting fraud
- Bill discounting
- Check kiting
- Conducting illicit electronic money transfers
- Creating fraudulent loans or loan applications
- Credit card skimming
- Falsifying documents
- Forging checks
- Identity theft
- Making uninsured deposits
- Remotely created check fraud
- Stolen checks
- Unauthorized use of an automated teller machine (ATM)
- Using booster checks
- Wire transfer fraud
The State of California, as well as local and federal authorities, treat all fraud crimes extremely seriously, regardless of how minor they may seem
Penalties You Could Face for Bank Fraud Crimes in California
Obtaining money in the custody of a financial institution under false pretenses is prohibited under United States federal law. Therefore, once a bank becomes involved in a fraud crime, the investigation is transferred over to federal authorities.
Federal agencies have significantly more resources than state and local police departments. Therefore, bank fraud is a very serious crime with severe, often lifelong penalties. A conviction for bank fraud in California could carry penalties such as:
- Up to 30 years in federal prison
- Fines of up to $1 million
An Aron Law Firm lawyer will have the legal experience needed to construct an effective strategy for your defense. Our ultimate goal is to make the process as painless as possible while obtaining the optimal outcome for your unique case.
What Evidence is Needed to Prove Bank Fraud in California?
A scheme to commit bank fraud does not have to be successful to result in a conviction. Even if no money is made, you can still be convicted for merely attempting to defraud a bank.
To prove an act of fraud, the prosecutor must show that the defendant:
- Made a dishonest statement
- Knew the statement was dishonest
- Intended to mislead the victim
The prosecutor must also show that the alleged victim:
- Relied on the defendant's dishonest statement
- Suffered damage because of the defendant's dishonest statement
All of the statements listed above must be proven for a defendant to be convicted of fraud. At Aron Law Firm, we will conduct an independent investigation to determine if there are any discrepancies with the above statements in your case so that we can achieve a favorable result for your case.
Contact a Knowledgeable Bank Fraud Defense Attorney in California Today
If you suspect that you may be under investigation for bank fraud, do not wait to contact a criminal defense lawyer. At Aron Law Firm, we begin reviewing the facts of your case during your initial consultation. Therefore, the earlier you get in touch with us, the longer we will have to build your defense.
Bank fraud crimes, as with any federal crimes, are complex cases that require the help of a federal criminal defense attorney. Call Aron Law Firm today at (805) 618-1768 or complete our contact form to discuss your legal options with an experienced bank fraud defense lawyer.