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The federal bank fraud defense attorneys in Columbia, SC at Shealey Law Firm help people fight bank fraud charges. We defend your freedom, your reputation and your finances. Call 803-590-3917 or message us now for immediate assistance.
Criminal Defense Lawyers for Bank Fraud Charges
Bank fraud is a serious allegation that carries potentially years in prison. Offenders often face tarnishing of their public reputation, career damage and hefty financial penalties. Our federal bank fraud defense attorneys help people fight back.
When you are facing such serious charges, don’t go through the fight alone. Our aggressive and experienced Columbia federal criminal defense attorneys for bank fraud are ready to help. Call 803-590-3917 to begin right away.
Examples of Bank Fraud
Here are some actions and activities that may result in bank fraud charges:
- Check fraud: Forging a check, writing from an account with insufficient funds, using closed accounts, including with cashier’s checks and check kiting.
- Loan fraud: Asking for a loan based on fraudulent statements or misrepresentations.
- ATM fraud: Using a skimmer or other imposter scam to access cash.
- Account takeover: Getting the credentials to someone else’s account.
- Phishing: Tricking someone into providing their credentials to a financial institution.
- Identity theft: Impersonating someone else to obtain their bank assets.
- Invoice fraud: Fraudulent statements to make bank withdrawals.
- Demand drafts: A fraudulent transfer of a prepaid instrument that does not require a signature.
The federal bank fraud law is broad. Any activity or plan to defraud a bank may be in violation of the law.
What is the federal bank fraud law?
18 U.S. Code § 1344 prohibits bank fraud in the United States. It is illegal to knowingly execute or attempt a scheme to defraud a financial institution or obtain money or assets under the control of a financial institution by false pretenses.
What is the penalty for bank fraud in the United States?
Federal bank fraud in the United States, charged under 18 U.S. Code § 1344, is punishable by up to 30 years in prison and a fine of $1 million.
What is the statute of limitations for federal bank fraud?
The statute of limitations for federal bank fraud is 10 years.
Understanding Federal Bank Fraud
The federal bank fraud statute – 18 U.S.C. § 1344 – was modeled after the federal mail fraud law. It covers any scheme to defraud federally chartered or insured financial institutions. The law allows prosecution when the offender is present in the United States, even if the fraud occurs using an offshore bank. There are other laws that may also apply to financial fraud.
Are There Potential Defenses to Federal Bank Fraud Charges?
Federal bank fraud is a specific intent crime. To be guilty, the person must have acted intentionally. The offender must have intended for fraud to occur and must have intended to access funds they did not have a lawful right to obtain. It may be a defense to bank fraud that you acted in good faith – without the intent to defraud.
Additional defenses may be that you were not the person who took the actions alleged, that any incorrect representations were not material to obtaining funds or that you acted under duress.
Is Bank Fraud Illegal in South Carolina?
In addition to being prohibited under federal law, South Carolina Code § 34-3-110 prohibits executing or attempting to execute a scheme to defraud a bank. An offense is a felony, punishable by up to five years in prison and a $10,000 fine.
South Carolina Code § 34-11-60 also prohibits drawing a fraudulent check or other written order.
Talk to a Lawyer
Federal bank fraud defense attorneys at Shealey Law Firm are ready to represent you. We investigate, build the evidence and challenge the case against you. Our team pursues all avenues to build your defenses to fight the charges you are facing. We offer full-service representation including court appearances, investigation and defense strategy.
We represent people in Columbia, SC and throughout the state. With knowledge of federal and state banking laws, we can assist you wherever you may be located.
Shealey Law Firm can begin representing you at any stage of the proceedings. Call 803-590-3917 or message us for immediate help with your case.