How to Defend Against Federal Fraud Charges
If you’re being investigated for fraud it is crucial to retain an experienced federal defense attorney immediately. In many cases, we can prevent formal charges from ever being filed.
Federal prosecutors aggressively pursue these cases and convictions carry severe penalties including several years of imprisonment, asset forfeiture and hefty fines. The most common types of fraud include:
Fraudulent schemes are a form of white-collar crime that can have serious consequences for your career and personal life. If you are accused of fraudulent schemes, a skilled criminal attorney should get involved right away to begin developing your defense strategy.
A conviction of this type of crime carries a hefty prison sentence. Prosecutors in Tempe and Phoenix have zero tolerance for those who engage in fraudulent schemes. A first-offense federal fraud sentence includes probation or jail time that can last from ten and one-half years to twenty-five years, depending on the allegations and your criminal history.
In order for prosecutors to convict you of fraudulent scheme, they must establish beyond a reasonable doubt that you knowingly participated in a scheme or artifice to defraud someone. They must also prove that you acted with intent to deprive someone of their money or property and that your conduct included false representations, promises, or pretenses as well as material omissions.
Wire or Mail Communications
When federal prosecutors charge fraud, they often include allegations of mail or wire fraud. Mail and wire fraud violations occur when a person uses public or private interstate postal services, including FedEx or UPS, or electronic communication to commit a fraudulent scheme.
Wire fraud includes any type of telephone, telegraph, radio, television, or internet communication as part of a scheme to defraud someone of something of value. This can include a bogus 900 phone number or unsolicited junk email. The government must prove all of the elements of a wire fraud offense to secure a conviction.
A successful fraud case requires the help of a skilled and knowledgeable criminal defense lawyer. Our attorneys are well-versed in federal laws, regulations and legal precedents related to fraud. They are ready to defend your rights in all court proceedings, including arraignments, bail hearings, pretrial motions, and trials. They also perform legal research and prepare court documents. They also negotiate with prosecutors and other attorneys to protect your legal rights.
Illegally Obtained Evidence
Defending a case that is based on fraudulent allegations requires an experienced New York federal fraud attorney to understand the complexities of the law. The most common fraud charges are those against individuals who bilk the government through Medicare and Medicaid or deceive others in securities or commodities markets.
A person who is convicted of a fraud offense is often required to pay restitution. This is to reimburse the victims for their financial losses. The penalties for these crimes are significant, and the defendant faces substantial monetary fines.
Federal Fraud Charges Defense, but what happens when the police violate your constitutional rights and illegally obtained evidence to use against you? Your criminal defense lawyer may be able to prevent the use of illegally obtained evidence by filing a motion to suppress. The exclusionary rule prohibits the use of evidence gathered in violation of your 4th amendment (unreasonable search and seizure), 5th amendment (right against self-incrimination) and 6th amendment (right to counsel). This includes any information obtained from an unlawful interception or recording.
Violation of Constitutional Rights
In order for a person to commit fraud, he or she must have an intent to bilk others out of money or something of value. When people have their constitutional rights violated in the course of a fraud investigation or trial, they may be able to challenge the government’s evidence and potentially have it excluded from the case.
Section 1983 of the United States Code allows people to sue state actors if they feel their rights have been violated by them. However, federal officials do not have the same type of protection under Section 1983.
A New York federal program fraud attorney can help protect your legal rights if you are being investigated or charged with fraud against a federal agency or program. A determined and experienced attorney can devote the time to building your case so that you have the best chance of defending against these serious charges. Contact Eisner Gorin LLP today. We offer a free initial consultation and can begin to discuss your options for legal defense.