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Fraud
A person made or caused to be made either directly,
or indirectly, or through agency, a false statement; that person
made or caused to be made with the specific intent that it be relied
upon; that person knew this statement was false; the false statement
was made with the specific intent to procure in any form whatsoever,
either the delivery of personal property, the payment of cash, the
making of a loan, credit, the extension of credit, the execution
of a contract of guaranty or suretyship, the discount of an account
receivable, or the making, acceptance, discount, sale or endorsement
of a bill of exchange or promissory note before the benefit of either
that person or another person.Types of Fraud Fraud: A knowing misrepresentation
of the truth or concealment of a material fact to induce another
to act to his or her detriment. A concealment or false representation
through a statement or conduct that injures another who relies on
it in acting. Bank Fraud: The criminal offense of knowing executing,
or attempting to execute, a scheme or artifice to defraud a financial
institution, or to obtain property owned by or under the control
of a financial institution, by means of false or fraudulent pretenses,
representation, or promises. Bankruptcy Fraud: The act of filing
a false bankruptcy claim. Cell Phone Fraud: The unauthorized use,
tampering or manipulation of a cellular phone or service. Counterfeiting:
Attempted fabrication of currency and other printed valuables. Credit
Card Fraud: Any fraudulent activity related to credit cards. Illegal
creation of credit cards, use of lost or stolen credit cards and
obtaining credit cards in a fraudulent fashion or under false pretenses.
Forgery: The act of altering, copying or imitating something without
authority or right, with the intent to deceive or defraud by passing
the copy or thing altered or imitated as that which is original
or genuine, or the selling, buying, or possession or an altered,
copied or imitated thing with the intent to deceive or defraud.
Health Care Fraud: Any scheme involving the health care industry
that is designed for illegal financial gain, including: Billing
for services not rendered, inflating the cost of services provided,
the deliberate sale of medically unnecessary services, and the payment
of “kickbacks,” or illegal payments designed to guarantee awarding
of a contract or the exclusive right to provide a service. Identity
Theft: When anyone knowingly transfers or uses, without lawful authority,
a means of identification or another person with the intent to commit
or aid or abet, any unlawful activity. Insurance Fraud: Fraud committed
against an insurer, as when an insured lies on a policy application
or fabricates a claim. Investment Fraud: Occurs when an adviser,
stockbroker, or brokerage firm offers investors biased, unfounded,
or contradictory investment advice out of a conflict or interest.
Mail Fraud: Fraud using the U.S. Postal Service, as in making false
representations through the mail to obtain an economic advantage.
Money Laundering: Money laundering is the investment or transfer
of money from racketeering, drug transactions or other embezzlement
schemes so that it appears that its original source either cannot
be traced, or appears to be legitimate. Securities Fraud: The crime
of knowingly making any materially misleading statement or failing
to disclose a material fact, in connection with the purchase or
sale of a security. Racketeering (RICO): Racketeering is the operation
of an illegal business for personal profit. Tax Fraud (Tax Evasion):
Willful evasion of taxes accomplished by filing a fraudulent tax
return. Wire Fraud: An act of fraud using electronic communications,
as by making false representations on the telephone to obtain money.
Fraud is considered a White Collar Crime. Other White Collar Crimes
include: Anthrax Hoax, Bribery, Computer Hacking, Cybercrime, Embezzlement,
Extortion Identity Theft, Intellectual Property Theft, Larceny,
Perjury, Ponzi Schemes, Pyramid Schemes, etc.
Consequences for the conviction of Fraud may potentially include:
- Imprisonment
- Probation or parole
- Loss of the right to be bonded
- Restitution (paid to the victims to compensate
for any losses)
- Court ordered counseling
- Significant fines
- Other
Likelihood of any of the above consequences depends
upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type
of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defenses of Fraud may potentially include:
- Insufficient evidence
- Factual innocence
- True owner
- Other
What can you do to improve the outcome of your
case?
- Gather documentation of your good character (reference
letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential
witnesses (this information will help your attorney prepare the
best possible defense)
- DO NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and
defense identification
- Early investigation and identification of all facts
helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate
the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure
that they are continually updated as to the status of your case.
- In appropriate cases, negotiate jail alternatives
- Obtain an evaluation report from a court approved
psychologist (to show counseling may be a better alternative to
jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
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