South Carolina White Collar Criminal Defense: Fraud Cases
Fraud is a serious allegation, defined as wrongful or criminal deception intended to result in financial or personal gain. There are various types, depending on how the scheme is carried out, and each type faces different penalties and consequences.
Strom Law Firm, L.L.C. has the experience to defend your criminal charge such as:
- Wire Fraud
- Bank Fraud
- Mail Fraud
- Bankruptcy Fraud
- Telemarketing Fraud
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 they typically involve 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 criminal defense lawyers handle 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
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.
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
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 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 scheme.
Bankruptcy fraud is a felony and considered a white collar offense. It carries a sentence of a fine of up to $250,000 and/or five years in prison.
Bankruptcy is defined as the legal status of a person who is 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. There are several different types of bankruptcy available to individuals and organizations, including the commonly utilized Chapter 7 and Chapter 13 bankruptcies. Bankruptcy fraud is abuse of this system for person gain, and consequences upon conviction may include no more than five years in prison and fines.
Bankruptcy fraud can occur 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 times 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.
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 years of age), 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
South Carolina White Collar Crime Representation
Our firm provides extensive experience representing clients in cases involving any kinds of crime. Whether you are indicted in State or Federal Court, the Strom Law Firm, LLC lawyers are well equipped to defend personal and business interests. As a result, your case will be handled with utmost discretion and every viable strategy will be explored to secure the most favorable disposition. Contact a White Collar Crime lawyer at the Strom Law Firm, LLC for a free case evaluation. 803.252.4800.