Bank Fraud
Houston Bank Fraud Attorney
FEDERAL BANK FRAUD LAWYER IN HOUSTON, TX
Criminal Defense Attorney James Alston knows and understands the laws prosecutors and law enforcement agents use to investigate and prosecute bank fraud crimes. Criminal Defense Lawyer James Alston has represented many clients charged with bank fraud and wire fraud. Under 18 U.S.C. § 1344 a person may be charged with federal bank fraud who “knowingly executes, or attempts to execute, a scheme or artifice –
- To defraud a financial institution; or
- To obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises;”
Hiring The Right Federal Defense Attorney
A conviction for federal bank fraud or any related offense can result in decades in prison or a crippling fine, or both. If you are under investigation for a federal white-collar crime, including bank fraud or wire fraud, in Houston, Texas, you need to retain legal representation immediately. A knowledgeable federal bank fraud defense lawyer can help fight the charges against you. Federal bank fraud is a serious offense that can directly affect your career, your financial security, your family, and your freedom. Attorney James Alston understands the severity of federal bank fraud and wire fraud charges. As a Harris County Assistant District Attorney, James Alston prosecuted white-collar crimes, including fraud cases in Houston. Attorney James Alston knows the means and methods that prosecutors use to seek convictions. If you are charged with a crime involving bank fraud or wire fraud, contact Attorney James Alston today for a case evaluation. Call (713) 228-1400 to protect your future and your rights.
Examples Of Federal Bank Fraud
Federal bank fraud encompasses a broad range of criminal activity. Some of the most common examples of bank fraud include::
- Check kiting
- Check forging
- The use of stolen checks
- Credit card fraud
- The diversion of bank funds by bank employees
- Making false statements on loan applications
Depending on the facts of the case, a federal prosecutor may also seek an indictment for embezzlement, identity theft, bribery, mail or wire fraud, as well as a number of other criminal statutes.
Penalties For Federal Bank Fraud
A person convicted of federal bank fraud could serve up to thirty (30) years in prison, be required to pay a fine of not more than $1,000,000, or both.
UNDERSTANDING BANK FRAUD IN HOUSTON
Bank fraud is a unique area of Texas White Collar Crime since there is no specific bank fraud provision in the Texas Penal Code. Instead, a person could be charged with several different fraud-related crimes such as forgery, false statement to obtain property or credit, hindering secured creditors, money laundering, or issuing a bad check. Many white-collar crimes can be prosecuted under state and federal law. If you are arrested for bank fraud in Houston, Texas, you need an experienced Houston Bank Fraud Attorney.
Criminal Statutes Related to Bank Fraud
Under the Texas Penal Code, there is not a specific offense of “bank fraud,” however, there a number of related crimes that a person can be prosecuted for. A few of the most common forms of bank fraud are:
Forgery – Section 32.21 makes it unlawful for a person to forge a writing with the intent to defraud or harm another. The penalties for forgery depend on the value of the property or service gained or attempted to be obtained. If the value of the property or service is over $300,000, then the state may charge it as a first-degree felony.
Credit or Debit Card Abuse – Section 32.31 makes it unlawful for a person to use a credit or debit card that has not been issued to them, is fictitious, is revoked, canceled, or expired, in an attempt to fraudulently obtain a benefit.
False Statement to Obtain Property or Credit – Section 32.32 states that “a person commits an offense if he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit.”
Hiring a Houston Bank Fraud Attorney in Texas
If you are arrested or being investigated for bank fraud in Houston, TX, you need to act fast to protect your rights and your freedom. Attorney James Alston can defend you against both state and federal bank fraud charges. A conviction for bank fraud or a related charge can result in years of imprisonment. You cannot afford to go with an inexperienced lawyer; you need a Board-Certified Houston Criminal Defense Attorney that will aggressively defend the charges against you. Contact the Law Office of James Alston today at 713-228-1400.
Frequently Asked Questions
What is federal bank fraud?
Federal bank fraud is knowingly carrying out, or attempting to carry out, a scheme to defraud a financial institution or obtain property under its control through false or fraudulent statements. The charge is governed by 18 U.S.C. § 1344 and generally applies when a bank or financial institution is federally insured or otherwise covered by the federal definition of a financial institution.
What must prosecutors prove in a federal bank fraud case?
Prosecutors must prove that the defendant knowingly executed or attempted to execute a fraudulent scheme covered by one of the two parts of § 1344. The exact elements depend on whether the government alleges a scheme to defraud a financial institution under § 1344(1), or a scheme to obtain bank-controlled property by false or fraudulent pretenses under § 1344(2).
Can I be charged with bank fraud if the bank did not lose money?
Yes. Section 1344 also criminalizes attempts, so the government need not prove that the scheme succeeded or that the bank incurred a final financial loss. The absence of an actual loss may still be important when challenging the government’s theory and calculating any potential sentence.
Is lying on a loan or mortgage application bank fraud?
It can be. False statements about income, assets, debts, employment, property value, intended use of funds, or another material fact may support a bank fraud charge when they are used to obtain money or property controlled by a covered financial institution. A mistake or inaccurate statement is not automatically fraud; prosecutors must prove the required knowledge and fraudulent intent.
Can I be charged with bank fraud if someone else submitted the paperwork?
Yes. Prosecutors may argue that a person knowingly helped prepare the false information, directed another person to submit it, caused the transaction to occur, or participated in the scheme. The defense may examine what the person actually knew, what role that person played, and whether the person intended to deceive the financial institution.
What are the penalties for federal bank fraud?
A conviction under 18 U.S.C. § 1344 carries a maximum penalty of 30 years in federal prison, a fine of up to $1 million, or both. A court may also order restitution, forfeiture, supervised release, and other financial or professional consequences.
How is a sentence calculated in a federal bank fraud case?
The court generally considers the United States Federal Sentencing Guidelines, the defendant’s criminal history, the amount of loss, the number of victims, the defendant’s role, and other facts about the alleged conduct. Bank fraud cases are commonly evaluated under U.S.S.G. § 2B1.1, where loss and certain aggravating factors can substantially affect the advisory sentencing range.
