Bank Crimes

We have offices located in Westchester, White Plains and New York City. We regularly defend clients in New York, Massachusetts, U.S. District Court for the Southern District of New York, and U.S. District Court for the District of Massachusetts. Our attorneys will help you with your Criminal matter and will provide services for your unique needs. Our experienced attorneys will aggressively defend you to obtain the best possible result in any bank crime case. We have fought for our clients throughout the Counties of the Bronx, Dutchess, King, Nassau, New York, Orange, Putnam, Richmond, Rockland, Suffolk, Sullivan, and Westchester. The Following are a list of some Bank Fraud cases we service:

If you have been charged with a bank crime, you should contact a skilled federal criminal defense lawyer right away to protect your rights and your reputation. A conviction for bankruptcy fraud can result in a fine of $250,000 and five years in prison for each violation. If there is any indication that you might be suspected of a crime, do not give a statement to the police or discuss the matter with anyone. Instead, contact a lawyer right away to minimize the likelihood that you will be charged. As Justice Douglas of the United States Supreme Court recognized in his dissenting opinion in Johnson v. Louisiana:

"Any person faced with the awesome power of government is in great jeopardy, even though innocent. Facts are always elusive and often two faced. What may appear to one to imply guilt may carry no such overtones to another. Every criminal prosecution crosses treacherous ground, for guilt is common to all men."

Innocent people can be convicted of a crime. It can happen to you, your friends, or your family members. If you are suspected of a crime, you should be cautious and contact a skilled federal defense attorney for assistance.

There are many types of bank crimes including bank fraud (18 U.S.C. § 1344), false statements (18 U.S.C. § 1014), embezzlement (18 U.S.C. § 656), misapplication (18 U.S.C. § 657), false entries (18 U.S.C. § 1005 and 1006), and bribery (18 U.S.C. § 215).

If you have been charged with a bank crime, you should contact a skilled federal criminal defense lawyer right away to protect your rights and your reputation. Bank crimes are very serious offenses and most offenses can result in a fine of up to $1,000,000.00 and thirty years in prison.

Bank Fraud

18 U.S.C. § 1344 makes it a federal crime for any person to: (1) knowingly; (2) execute or attempt to execute; (3) "a scheme or artifice" to "defraud" a bank, or a "scheme or artifice" to obtain moneys, funds, credit, assets, securities, or other property owned by or under the custody or control of a bank by means of false or fraudulent pretenses, or promises.

There are several viable defenses to a charge of bank fraud, including: (1) that the alleged victim of the fraud was not a federally chartered or insured institution; (2) that there was no specific intent to defraud.

False Statements

18 U.S.C. § 1014 makes it a federal crime for any person to make a false statement to virtually any financial institution for the purpose of obtaining a loan or other extension of credit. In order to obtain a conviction under 18 U.S.C. § 1014, the prosecutor must prove: (1) that the defendant made a false statement or report or willfully overvalued any property, or security; and (2) that he did so for the purpose of influencing in any way the actions of the bank.

There are several viable defenses to a charge under 18 U.S.C. § 1014, including that the defendant did not intend to make a false statement and/or did not intend to overvalue any property, or security.

Embezzlement and Misapplication

18 U.S.C. § 656 and § 657 make it a federal crime for a person to embezzle or missaply bank funds. In order to obtain a conviction for embezzlement or misapplication, the prosecution must prove:

  1. that the defendant was an officer or employee of the bank;
  2. that the accounts of the bank were insured by the Federal Deposit Insurance Corporation;
  3. that the defendant, being an officer or employee, knowingly and willfully embezzled and misapplied monies and funds of the bank; and
  4. that the defendant acted with intent to injure and defraud the bank.

Misapplication and embezzlement are separate and distinct offenses. The element that distinguishes embezzlement from misapplication is that the defendant must have lawful possession of the funds alleged to have been appropriated for his own use in order to be convicted for embezzlement.

A skilled federal criminal defense lawyer can raise a number of defenses to these charges on your behalf. Most defenses to embezzlement and misapplication charges focus on the intent requirement, good faith, and knowledge and consent of the alleged victim.

False Entries

18 U.S.C. § 1005 and 1006 make it a federal crime to make false entries in the records of the bank with the intent to injure or defraud. Prosecutors will usually charge a defendant in an embezzlement or misapplication case with violating 18 U.S.C. § 1005 and 1006, since a false entry is often used to cover up the embezzlement or misapplication.

There are many potential defenses to false entry allegations including accurate reporting, the degree of materialness of the matter reported, and omissions and ambiguities in the reporting. If you have been charged with false entries, you should contact a skilled federal criminal defense lawyer right away to protect your rights and your reputation.

Bribery

18 U.S.C. § 215(a)(1) makes it a crime for a person to: (1) give, offer, or promise anything of value to any person; (2) with the intent to corruptly influence or reward; (3) an officer, director, employee, agent, or attorney of a bank; (4) in connection with any business or transaction of that bank.

18 U.S.C. § 215(a)(2) makes it a crime for a banker to corruptly solicit, demand, receive, or agree to receive (or directing to any other person) anything of value with the intent of being influenced in his or her capacity at the bank.

A conviction for bribery can result in a fine of up to $1,000,000, and thirty years in prison.

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