(Last Updated On: October 15, 2023)Last Updated on: 15th October 2023, 07:52 am
Westchester Bank Fraud Lawyers: Defending Clients Against Allegations of Financial Crimes
Bank fraud allegations in Westchester County, New York can lead to serious criminal charges and penalties. Having an experienced legal team in your corner is crucial when facing accusations of defrauding a bank or financial institution. This article provides an overview of bank fraud laws, potential defenses, and how a knowledgeable Westchester bank fraud lawyer can protect your rights.
Understanding Bank Fraud Charges
Bank fraud laws in New York penalize individuals who try to obtain money or property from banks through deceptive means. Common schemes that may lead to bank fraud charges include:
- Submitting false information on loan applications, such as inflating income, assets, or employment history
- Forging signatures or documents to get loans approved
- Diverting loan funds for unauthorized purposes
- Writing bad checks or kiting checks between bank accounts
- Using stolen credit cards or account information
- Bribing bank employees to approve fraudulent transactions
Prosecutors in Westchester take bank fraud cases very seriously. These white collar crimes are felonies under state and federal law. Potential penalties can include:
- Prison time – up to 30 years under federal bank fraud statutes
- Massive fines – $1 million or more
- Restitution to the bank for losses
- Forfeiture of assets obtained through the fraud
- Permanent criminal record
With such severe consequences on the line, having an aggressive defense is critical.
Crafting a Strong Defense Strategy
Skilled Westchester bank fraud attorneys know how to examine the prosecution’s case for weaknesses. Here are some potential defenses they may use:
- Lack of intent – Prosecutors must prove you knowingly tried to defraud the bank. But sometimes fraud occurs due to simple mistakes, miscommunications, or negligence. Your lawyer can argue you never acted with criminal intent.
- No loss occurred – If the bank didn’t actually lose money, it’s harder to claim you defrauded them. Your attorney can argue the bank suffered no damages.
- You were a victim – In some cases, clients are victims of larger fraud schemes themselves. Your lawyer may be able to demonstrate you were duped and had no criminal involvement.
- Illegal search – If evidence was obtained improperly, your lawyer can file a motion to suppress it from your case. This could seriously undermine the prosecution’s ability to prove guilt.
- Statute of limitations – Federal bank fraud charges must be brought within 10 years. New York’s limit is 5 years. If too much time has passed, the case could get dismissed.
- Negotiating alternate resolutions – Your lawyer may be able to negotiate with prosecutors for reduced charges, probation, or pre-trial diversion programs to avoid a conviction.
How a Dedicated Lawyer Can Defend You
- Thoroughly examining prosecution evidence – Your lawyer will look for inconsistencies, mistakes, missing information, and other opportunities to undermine the government’s case. Even minor flaws can make a huge difference.
- Interviewing witnesses – Witnesses for the prosecution can be questioned to poke holes in their accounts. Your lawyer may also find witnesses whose testimony helps contradict the charges.
- Using forensic accountants – To analyze bank records, financial statements, loan documents, and other data for evidence that counters the fraud allegations.
- Filing motions – Skilled lawyers know what pre-trial motions can be filed to have evidence thrown out, charges reduced or dismissed, or other strategic advantages gained.
- Negotiating with prosecutors – An experienced negotiator may be able to get charges dropped or reduced, or work out a favorable plea deal that minimizes penalties.
- Trial experience – If a trial is necessary, your lawyer’s courtroom skills in arguing your case and cross-examining witnesses can make a big impact.
Having an assertive lawyer makes a huge difference. Don’t leave your future to chance – retain top legal talent immediately.
Why Choose Us?
For over 20 years, our team of dedicated Westchester bank fraud attorneys has successfully defended business professionals, executives, entrepreneurs, and everyday citizens against financial crime allegations. Here’s why clients choose us:
- Proven track record – Our lawyers have obtained dismissals, acquittals, and favorable settlements for numerous clients facing bank fraud charges. We know what works.
- We focus on bank fraud cases – With specific experience in financial cases, we understand the complexities these cases entail. Our niche expertise is a key advantage.
- We have financial investigation resources – Our connections with forensic accountants, financial analysts, and fraud investigators allow us to dig deep into the prosecution’s claims.
- We handle state and federal cases – No matter if charges are brought under New York or US bank fraud statutes, our team has the experience and resources to mount a tenacious defense.
- We have great credibility with prosecutors – Due to our reputation for being prepared and willing to take cases to trial, prosecutors know we won’t settle for weak plea deals. This motivates them to offer better resolutions.
- We are aggressive trial lawyers – While we always seek the best possible pre-trial settlements, we aren’t afraid to take a case to trial if it’s in the client’s interests. Our record in court speaks for itself.
- We make costs affordable – Our rates are honest and fair. We offer flexible payment plans so cost never gets in the way of mounting the strongest possible defense.
If you or a loved one are facing bank fraud allegations, don’t leave your future to chance. Schedule a free case evaluation with our team of dedicated Westchester bank fraud lawyers today. Call 555-555-1234 or contact us online to arrange a completely confidential consultation.
Frequently Asked Questions
What are common bank fraud schemes prosecuted in Westchester County?
Some of the most common schemes prosecuted locally include check kiting, submitting false loan applications, diverting business loan money for personal use, using stolen credit cards or account information, forging documents, and bribing bank employees.
What are the penalties if convicted of bank fraud in Westchester?
Penalties can include decades in prison, massive fines up to $1 million or more, restitution to the bank for losses, asset forfeiture, and a permanent criminal record. Federal charges often bring the harshest sentences.
What defenses can my lawyer use to fight bank fraud charges?
Potential defenses include arguing you lacked criminal intent, the bank lost no money, you were an unknowing victim of a larger scheme, evidence was obtained illegally, the statute of limitations expired, or negotiating an alternative resolution with prosecutors.
Can my business still operate if I’m facing bank fraud charges?
While charges alone don’t force a business to shut down, a conviction could lead to loss of necessary business licenses and financing that allow continued operations. It’s vital to fight the charges aggressively to avoid this.