Fraud Defense Lawyers Who Understand White Collar Crimes
Fraud is a serious allegation, defined as wrongful or criminal deception intended to result in financial or personal gain in South Carolina. There are various types of fraud including everything from real estate and consumer fraud to financial and malpractice fraud. Each type of fraud faces different penalties and consequences based on South Carolina and federal law.
The fraud lawyers at Strom Law Firm, LLC have the experience to defend criminal charges such as:
- Wire Fraud
- Bank Fraud
- Mail Fraud
- Bankruptcy Fraud
- Telemarketing Fraud
- Mortgage Fraud
- Insider Trading
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Federal Wire Fraud
- The law broadly defines wire fraud as devising or intending to devise a scheme to defraud others of money or property under false or fraudulent pretenses, representations, or promises by means of electronic communications or “wires.” Because financial fraud typically involves interstate matters, most wire fraud cases are considered federal crimes with convictions carrying heavy fines, prison sentences of up to 20 years, or both.
Our federal fraud lawyers handle criminal defense cases involving:
- Fraudulent insurance claims
- Bond issuances and investment schemes
- Falsifying loan applications
- Check fraud schemes
- Bribes or kickbacks
- False advertising or misrepresentation in sales transactions
If you are facing financial fraud charges, a qualified South Carolina attorney can help. Our fraud and criminal practice attorneys all have a wealth of experience in litigation that they can use to help with your case.
Criminal Defense against Federal Bank Fraud
Federal bank fraud cases can also center on the wiring of money or information used to deceive individuals, businesses, or customers. The consequences of bank fraud are severe. If your action(s) impact a financial institution, you can be fined up to $1,000,000,or imprisoned for up to 30 years, or both. These cases are often investigated by the FBI and prosecuted by the U S Attorney’s Office.
Common federal bank fraud allegations include:
- making a false statement to a loan officer or bank official
- deceiving a bank
- falsifying loan documents
- check fraud
- forging check signatures
- ATM fraud
- embezzlement
Questions about bank fraud? Contact the bank fraud lawyers at the Strom Law Firm, LLC. Our financial fraud attorneys can discuss your case and help you determine the best path forward.
Fraud Attorneys for Mail Fraud
The United States Code criminalizes “any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses” involving the U.S. Mail system. The penalties of mail fraud in South Carolina are strict, and violators may face up to five years in prison and additional fines.
What is Required to Set Forth a Mail Fraud Case
To secure a conviction of mail fraud, the government must establish:
- that you utilized the US postal system
- “for the purpose of executing” the fraudulent scheme.
To prove their case, the government only needs to prove that the mailing was incidental to an essential part of the criminal scheme. If you have become entangled in a mail fraud case, get the help of an experienced attorney. A criminal defense attorney can prepare your case and represent you in court so that you have the best chances of a favorable outcome.
Bankruptcy Fraud
Bankruptcy fraud is a felony and is considered a white-collar offense. It can result in a fine of up to $250,000 and/or five years in prison.
Bankruptcy Overview
Bankruptcy is defined as the legal status of a person considered insolvent, meaning they cannot repay the debts they owe to their creditors. Bankruptcy is used to help a person discard debt or plan to repay debt. Several types of bankruptcy are available to individuals and organizations, including the commonly utilized Chapter 7 and Chapter 13 bankruptcies. Bankruptcy fraud is an abuse of this system for personal gain, and consequences upon conviction may include no more than five years in prison and fines.
Bankruptcy fraud can occur in South Carolina when:
- An individual conceals their assets by purposely failing to list every asset, knowing that a creditor cannot liquidate their property.
- An individual is involved in a petition mill, in which someone poses as a financial advisor and files hastily prepared bankruptcy in the victim’s name, often unbeknownst to the victim.
- An individual files bankruptcy in multiple states using their real name and information, false names and information, or a combination of the two. They then list some of their assets, but not all, so liquidators will not seize all their assets. Some people file for bankruptcy multiple times with false information or with genuine information in multiple jurisdictions.
- Debtors intentionally file false or incomplete forms, like entering false information on your bankruptcy form, which also constitutes perjury.
- An individual bribes a trustee who has been appointed by the court.
- An individual commits bankruptcy fraud-related crimes like mortgage fraud, money laundering, public corruption, and identity theft.
- The most common form of bankruptcy fraud in South Carolina, and America in general, is the concealment of assets, which accounts for 70% of all bankruptcy fraud cases reported. Because debtors are only allowed to liquidate assets declared by debtors, some debtors have devised fraudulent ways of concealing some assets so that they’re not liquidated when they file for bankruptcy.
When you commit this criminal fraud, the federal attorney will bring criminal charges against you for bankruptcy fraud under 18 U.S.C. Chapter 9. However, the burden of proof is on the federal prosecutor because they must prove that you knowingly and fraudulently misrepresented material facts when filing for bankruptcy.
This is a serious financial fraud case that requires the input of an experienced fraud attorney; you can even be prosecuted and punished for intending to commit bankruptcy fraud. Strom Law fraud attorneys can help you put together your criminal defense case and protect your name from being convicted of fraud.
Telemarketing Fraud
Telemarketing fraud is the use of a telephone to defraud another person. Telemarketing fraud can mean any plan or scheme designed to solicit money or goods from a victim in a fraudulent way, so long as the scam is perpetrated via the telephone. Federal telemarketing fraud is conducted across state lines. Upon conviction of telemarketing fraud, a perpetrator may face up to five years in prison (ten years if the victim is over 55), fines, and restitution paid to the victim.
Common federal telemarketing allegations include:
- Credit Card Scams
- Pyramid Schemes
- Office Supply Scams
- Advance Fee Fraud
- False Magazine Subscriptions
Telemarketing fraud is a serious criminal charge under Chapter 18 of the U.S.C, Section 2325, and several subsequent sections. Therefore, a federal prosecutor can initiate criminal prosecution for this form of financial fraud. This is why you need a qualified financial fraud defense attorney to represent you in court and help you fight the criminal charges.
In South Carolina, you can find a qualified criminal defense attorney from Strom Law to help you deal with the telemarketing fraud case. Your attorney will put the burden of proof on the prosecutor and help you to gather enough evidence to prove your case in court.
South Carolina Fraud Criminal Representation
Based in Columbia, South Carolina, our attorneys have extensive experience representing clients in cases involving any crime. Whether indicted in State or Federal Court, the fraud lawyers at Strom Law Firm, LLC are well-equipped to defend your personal and business interests in a criminal defense case. As a result, your fraud charges will be handled with the utmost discretion, and every viable strategy will be explored to secure the most favorable disposition. Contact the fraud lawyers at the Strom Law Firm, LLC, for a free case evaluation by 803.252.4800 today.