Daytona Beach Bank Fraud Lawyer
You know that it is a crime to make false or misleading statements in conducting business with a Florida financial institution, but it is surprising to learn the broad nature and harsh penalties of bank fraud laws. The definition of bank fraud in the US Code covers a wide range of misconduct, and even attempts or plans to swindle an organization could lead to criminal charges. If you were arrested, you are no doubt concerned about the jail time, fines, and other punishment for a conviction.
However, it is important to understand that being arrested is not the same as being convicted for bank fraud. There are many legal strategies for obtaining a positive result, and our team at the O’Mara Law Group will pursue all available defense options. We have decades of experience fighting for individuals in Florida criminal cases, so please contact us to set up a consultation with one of our Daytona Beach bank fraud lawyers. A summary of the laws is also helpful.
Prosecutor’s Burden in a Bank Fraud Case
In every criminal case, the government is responsible for proving all essential elements of the crime beyond a reasonable doubt. For bank fraud, the prosecution must have evidence that you:
- Knowingly executed or attempted to execute a plan to defraud a financial institution; OR
- Used false or fraudulent representations to obtain money, funds, or other items of value which are in the custody or control of a bank.
Some of the most common types of bank fraud include forgery, check kiting, and supplying false information to influence the financial institution’s decision-making. Under federal sentencing guidelines, a conviction could lead to a prison term up to 30 years, a $1 million fine, or both. Note that each act of fraud may also be treated as a separate count, so the sanctions can quickly add up.
How a Daytona Beach Bank Fraud Attorney Can Help
With these penalties in mind, you can see the importance of developing a solid defense for fighting the charges. The O’Mara Law Group will assess your case to determine appropriate strategies for your circumstances, but our tasks may include:
- Contesting the prosecutor’s case and exposing weaknesses in the evidence;
- Moving to exclude evidence that was obtained in violation of your rights;
- Presenting evidence on defenses, such as mistake or lack of intent;
- Discussing plea bargaining with the prosecutor, which may be an option when the government’s case is weak and may present challenges in terms of securing a conviction; and
- Representing you during a federal sentencing hearing, which is often a separate proceeding from the criminal case for bank fraud.
A Daytona Beach Bank Fraud Attorney Can Advise You on Strategy
If you were arrested for defrauding a financial institution, you should retain legal counsel at the earliest possible stages of the criminal process. Our Florida bank fraud lawyers can assist with your defense, so please contact the O’Mara Law Group at 407-634-6604 or via our website. We can schedule a consultation to review the circumstances of your case.