Bank Fraud

Experienced Tampa Criminal Defense Attorney Defending Clients Charged with White Collar Crimes

Federal bank fraud is considered a white-collar crime that most often comes up in a business setting and involves the taking of property or money from a banking institution under false pretenses. Due to its classification as a white-collar crime, bank fraud allegations are very complex. In some cases, there are thousands of pages of documents from many different entities that must be reviewed.

Compounding this complexity is the fact that it is not uncommon for the United States to prosecute this crime in conjunction with another white-collar crime like wire fraud or mail fraud, thereby adding to the complexity of the accusation. Like any other allegation of fraud, the allegation involves an undertone of theft. Because of this, the potential sentence is dictated by the total value of the theft. White collar criminal allegations like bank fraud, tax fraud, or money laundering are far and away the most complex charges in our criminal justice system, and for that reason, hiring the right Federal criminal attorney is imperative.

At the Mayberry Law Firm, Attorney Jason Mayberry has decades of experience defending clients facing complex, high-stakes white-collar crime cases. We command the necessary understanding of federal law and procedure that enables our attorneys to craft compelling defenses that are designed to ensure your arrest has as little impact on your future as possible. We also offer free consultations to all prospective clients, during which we will review the facts of your case, listen to your side of the story, and explain how we can help defend against the allegations you face.

What is Bank Fraud?

Federal bank fraud occurs whenever one knowingly executes or attempts to execute some type of scheme to defraud a banking institution. One can also be guilty of this crime if they execute or attempt to execute a scheme to obtain money, credit, funds, assets, securities or any other property owned by or under the control of a financial institution by means of false pretenses, promises, or representations.

Specifically, the United States Attorney must prove each of the following elements beyond a reasonable doubt:

1. The defendant knowingly carried out a scheme or plan to obtain money or property from the banking institution by making false statements or promises;
2. The defendant knew that the statements or promises were false;
3. The statements or promises were material; that is, they had a natural tendency to influence, or were capable of influencing, a financial institution to part with money or property;
4. The defendant acted with the intent to defraud; and
5. The banking institution was federally chartered or insured.

If federal prosecutors cannot prove each of these elements, you cannot be convicted of bank fraud. However, federal prosecutors typically know what they are doing, and they prepare very well. Thus, it is essential to have an experienced Tampa bank fraud defense attorney in your corner.

How Can We Help?

If you’ve received a target letter or have been charged with an allegation of bank fraud, it is crucial to contact a white collar crime lawyer as soon as possible. A vital element in any bank fraud defense is showing that no act was performed with any intent to defraud. If one had an honest and good faith belief in the truth of the misrepresentations, there is very likely a defense to the intent to defraud element. Further, the misrepresentation must be material to the fraud. At the end of the day, without the required intent to defraud, there can be no bank fraud conviction. Our Tampa white collar crime lawyers strive to achieve the best possible result for each of our clients. If you’ve been charged with a federal crime, contact the attorneys at the Mayberry Law Firm to schedule a free consultation today. You can reach us at 813-444-7435, or through our secure online contact form.