Bank fraud is a federal crime that is prosecuted in federal courts in Maryland.
Bank fraud includes a broad range of illegal financial transactions. Generally, it involves illegally using methods to obtain funds or assets held by a financial institution. Bank fraud also includes posing as a financial institution to obtain money from people. In many cases, there are defenses that can be asserted to obtain an acquittal, a dismissal, or a reduction in the criminal charges.
Bank fraud is considered a white collar crime. It generally involves attempts to acquire money, securities, property, credits, and assets through false information, fraud, or pretense. Bank general involves a deliberate secret scheme. The banks and financial institutions, themselves, can also commit bank fraud by providing false information in order to appear as though the bank/financial institution is financially stable in order to persuade customers to deposit their funds with the bank/institution.
What are the main types of bank fraud?
Bank fraud includes:
- Credit card fraud
- Rogue trading
- Providing fraudulent loans
- Embezzlement
- Identity theft
- Check fraud
- Accounting fraud
- Deposits that aren’t insured
- Forgery
- Counterfeiting
- Automated payment systems fraud
- Impersonating a bank
- Stealing checks
- Internet fraud
Bank fraud is a complicated crime that often involves a sophisticated understanding of finances and also of technology. An experienced Annapolis bank fraud attorney understands these complex terms and how they relate to the specific bank fraud crimes or works with people who do have the requisite understanding.
Bank fraud is usually investigated by the bank’s own staff or the financial institution’s own staff. The fraud may become apparent as payments aren’t made. Local law enforcement and the US Secret Service may also investigate bank fraud. The DOJ may investigate the fraud based on a tip from someone.
Defending you against charges of bank fraud
There are many standard defenses that may help that apply in most criminal cases. These defenses include seeking to exclude evidence that was illegally obtained and holding the government to its duty to prove each charge beyond a reasonable doubt. One common defense thread that is used is to assert that the defendant wasn’t responsible for what happened. Examples include:
- Unknowingly using false information provided by someone else, such as a business partner to obtain a credit card or obtain a loan.
- Another person using your identity to commit bank fraud
- Being told it’s OK to provide false information by a financial institution because the institution is in a rush to provide the loan
At Drew Cochran, Attorney at Law, we work with professionals, when necessary to fully understand complex financial and technical transactions. We’ve earned the respect of local and federal prosecutors for our ability to help many defendants gain their freedom. If you’ve been charged with any white collar crime, including bank fraud, please call us in Annapolis or Ellicott City at 410-271-1892 or complete our contact form to schedule an appointment.
And remember: Keep Calm – and Call Drew.