Fraud Charge Defense: Embezzlement, Elderly Fraud, Identity Theft and More
Fraud and financial crimes are greatly dependent on two existing factors:
- There must be an individual or entity that accepts or takes money or property from another that is illicit. Illicit means the act is illegal in some form, and forbidden by law.
- The individual or entity in question has used these finances or property to benefit from (Thomson Reuters, 2017).
You may be thinking, “How can anyone possibly defend an act of this nature?” However, it is not about defending the act, it is about proving in a court of law that both of those above-mentioned factors exist in the case.
What Are Common Fraud or Financial Crimes?
- Embezzlement- Embezzlement is legally defined as larceny or theft of assets. Assets may pertain to money or property. It is common that in the work place a person is given access to company property, such as company cars, laptops and phones. If these things are used in a manner other than what they are designated for, and the person has benefited from it, it is possible to face charges of embezzlement. The same theory applies to finances (Thomson Reuters, 2017).
- Elderly Fraud- As it pertains to elderly fraud, we commonly see that the elderly is taken advantage of by means of financial improprieties, as well as property. Any misrepresentation of promise of goods, services, or benefits in exchange for assets can lead to criminal charges. This is considered a form of fraud and exploitation (Thomson Reuters, 2017).
- Identity Theft- In most states, Identity Theft is considered a crime if any misuse of a person’s identifying information is used. However, Identity Theft encompasses a large number of possible scenarios that could be considered by a court of law, criminal. Over the past few decades, there has been a dramatic increase in the number of Identity Theft cases. Because of this, in 1998, Congress passed a law making Identity Theft a Federal Crime. So, it doesn’t matter the degree of the crime, if a person is charged with Identity Theft, they face Federal Charges (Thomson Reuters, 2017).
Because of the nature of the crime, a person can be charged and categorized for a much more serious charge and have severe implications that could be detrimental to one’s life and future. Even if a person is found not guilty, or is given a lighter judgement and/or sentence, a person’s reputation could be seriously damaged. Once a reputation has been demolished, it is difficult to impossible for a person to recover from the incident. Such a situation can lead to a hindered future. Such incidences as unemployment, abandonment from family and friends, public scrutiny, and lack of ability to sustain financially can render a person even homeless.
It is essential, if a person has been charged with any type of Fraud charges, that they seek the help of a skilled and experienced Criminal Lawyer in Orlando, such as the O’Mara Law Group. These Orlando Fraud Lawyer bring a world of knowledge and combined expertise to the forefront. With extensive criminal trial experience, Mark O’Mara and his team can find a solid defense for you. While working diligently to win your case, the O’Mara Law Group also addresses the topic of your reputation. We believe that social media plays a significant role in public perception, and can influence a case; swaying in either direction. Taking control of that influence works for clients in a positive way. Influence of public perception has swayed many cases in the past, and we have witnessed how it can positively affect a case, in addition, we have witnessed how it can negatively influence a case, and wreak havoc. Much to one’s detriment, the public perception can find a person guilty and scorned for life, even when a court of law finds the person not guilty. We believe that it is not just about the verdict, it is also about being able to pick up the pieces and move on. A person can only move on and leave the case behind them if they have external support. A person’s reputation is essential to the outcome of a criminal case. Call today, to see what The O’Mara Law Group can do for you.
Thomson Reuters. (2017). Find Law. Retrieved from http://criminal.findlaw.com