This is a white collar crime. Here, one’s objective is an economic gain by deception or trickery. The prosecutor must
show that the accused intended to defraud a financial institution insured by the United States government and that
the institution relied on a false representation made by the defendant. The Prosecutor generally demonstrates that
the accused with the specific intent to defraud a bank executed a scheme or plan.
Bank fraud may include making false statements to a lending institution to obtain a loan. Bank fraud may be
prosecuted in state or federal court. Sometimes, prosecutors charge the defendant with “conspiracy” if it can be
shown that the defendant acted in concert with one or more individuals in committing the dishonest act.
Defenses to Bank Fraud
A common defense to bank fraud is that the defendant did not intend to deceive the bank for economic or personal
gain. This could be shown by “consent” given by the bank. Sometimes, a “civil compromise” may be reached whereby the
defendant makes full “restitution” to the bank, and in exchange the prosecution agrees to drop the criminal charges.
This may require that the defendant make a lump-sum payment to the bank. In more serious bank fraud cases sometimes
the prosecution agrees to eliminate any jail time in exchange for full payment of the loss incurred by the bank.
Check and Credit Card Fraud Criminal Defense Attorney Los Angeles Pasadena Glendale Burbank Van Nuys
For a free consultation, CALL NOW 213-252-1000
Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the
best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal
research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop
numerous challenges to any crime possible.
Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense
strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
