A New York Bank Fraud Lawyer can explain that this crime includes both federal and state offenses that involve stealing assets bank or financial institution. It is considered a nonviolent, white collar crime, which is committed against a financial institution, lienholder or bank. This includes obtaining property, assets or money by fraudulent means. If you have been charged with this or other White Collar Crime, contact Stephen Bilkis & Associates, PLLC for advice and a free consultation.
This offense can be committed in many different ways. The New York District Attorney can charge you with this crime if you have made fraudulent records concerning a financial institution, committed the crime of Bribery, gotten a loan under false pretenses, committed petit larceny, forgery or Grand Larceny, counterfeited checks, committed check kiting activities, or Credit Card Fraud.
This crime can include the following activities:
Credit card fraud
Check fraud
Rogue trading
Embezzlement
Forgery
With this crime there may multiple charges. For example, the crime of credit card fraud often includes mail fraud, ATM fraud and/or computer fraud. The offense of misapplication in Bank Fraud (converting funds for your own, or third party’s gain), can be related to the crime of Embezzlement. Often these crimes involve interstate commerce and therefore are considered federal offenses. Our team can explain the overlapping issues that may be involved in your case and create an aggressive defense strategy to handle each charge.
In the case of Williams vs. U.S. (1982), the court held that check floating schemes are the equivalent to making false statements to financial institutions. As a result, congress passed a bank fraud statute (18 USC 1344) which criminalizes fraudulent activity in dealing with banks.
One commonly seen crime in New York is bribery. This crime is governed by federal statute 18 USC 215. This offense involves the offering, giving or promising anything of value to someone with the intent of rewarding a financial institution, employee or agent. It is also illegal for the officer, employee or agent to accept anything of value from a person with the intent of being rewarded. The penalties for this crime are very significant. The fine can be up to 1 million dollars, or three times the bribe amount, or 30 years in prison. If the bribe is below $100 there is a $1,000 fine and one year in prison.
Embezzlement is also a commonly seen crime. This offense is governed by 18 USC sections 656 & 657. The crime involves the fraudulent appropriation of property by whom the property was entrusted. The key here is that the funds must have belonged to the victim, and the defendant has had lawful possession of the property. The punishment for this crime is severe, and includes a fine of up to $1 million dollars, 30 years in prison or both.
Due to the current economic environment, banks and the New York District Attorney’s Office are focusing more than ever on these crimes. The penalties for this offense can be very serious, and can include prison, fines, and probation. The severity of the punishment will depend on the dollar amount involved in the offense, and the particular circumstances of the case.
If you have been charged with a crime, contact our team today. Will can explain the charges against you and ensure your legal rights are protected. We will provide you with a free evaluation with your first visit. Contact us today at 800.696.9529. We have locations in New York City, including Staten Island, Queens, Brooklyn, the Bronx, and Manhattan. We also have locations in Nassau County and Suffolk County on Long Island and Westchester County.