Westchester: The Best Defense Against Mortgage Fraud Charges

Getting charged with mortgage fraud can be an incredibly stressful and frightening experience. However, with the right legal defense team on your side, you can fight the charges and protect your future. This article will provide an overview of mortgage fraud charges in Westchester County, New York, and how an experienced criminal defense lawyer can build the strongest possible defense for your case.

What is Mortgage Fraud?

Mortgage fraud refers to deliberately falsifying information on a mortgage application in order to obtain a loan that wouldn’t ordinarily be approved. Common types of mortgage fraud include:

• Providing false information about income, assets, employment, or credit history
• Using forged documents or fraudulent appraisals to make a property seem more valuable
• Lying about the intended use of the property or about who will occupy the property
• Applying for multiple mortgages on the same property from different lenders

Mortgage fraud often involves complex real estate transactions and financial dealings. The crime can be committed by borrowers, lenders, appraisers, real estate agents, closing agents, or anyone else involved in the mortgage process.

Mortgage Fraud Charges in Westchester County

In New York, mortgage fraud can lead to felony charges like grand larceny, falsifying business records, scheme to defraud, or identity theft. Penalties can include years in prison, heavy fines, and asset forfeiture.Mortgage fraud investigations in Westchester County often involve federal agencies like the FBI, IRS, SEC, and U.S. Attorney’s Office. State and local agencies like the Westchester County District Attorney’s Office or local police departments may also be involved.With multiple agencies on the case, the legal stakes are high. You need an attorney with experience defending complex white collar cases in both state and federal jurisdictions.

How a Skilled Criminal Defense Lawyer Can Fight the Charges

The best defense against mortgage fraud allegations involves discrediting the prosecution’s case early on. An attorney can review the evidence and quickly identify any:

• Violations of your rights during the investigation
• Weaknesses, inconsistencies, or flaws in the prosecution’s evidence
• Mitigating circumstances that show you had no criminal intent

Challenging the Investigation

Your attorney can file motions to suppress evidence or statements obtained improperly during the investigation. For example, if you were questioned without being read your Miranda rights, those statements could potentially be thrown out.Other common challenges include:

• 4th Amendment violations – Evidence obtained through illegal searches or seizures
• 5th Amendment violations – Forced confessions or self-incrimination
• 6th Amendment violations – Denial of right to an attorney during questioning

Attacking the Strength of the Evidence

In mortgage fraud cases, the prosecution’s evidence often relies heavily on documents – loan applications, financial statements, appraisals, etc. Your attorney will meticulously examine these records to find inconsistencies, errors, or signs of alteration/forgery.Showing that key documents are unreliable can dismantle the prosecution’s entire theory. Other strategies include:

• Using forensic accountants – To audit financial records and testify about accounting irregularities
• Consulting industry experts – Such as appraisers, underwriters, or real estate professionals to challenge the prosecution’s claims
• Obtaining exculpatory evidence – Your attorney can subpoena records or witnesses that support your innocence

Fighting Intent Requirements

Most financial crimes require prosecutors to prove you acted “knowingly” or “willfully” – meaning you knew your actions were illegal. But many mortgage fraud defendants get duped by dishonest brokers and have no criminal intent.Your lawyer can argue you were an unwitting pawn who was tricked into unethical practices. Or they may claim you made an honest mistake rather than deliberately defrauding lenders.Proving lack of intent creates reasonable doubt as to your guilt.

Negotiating Plea Deals or Sentencing Leniency

If charges cannot be dismissed pre-trial, your attorney can negotiate with prosecutors for a favorable resolution. Options may include:

• Plea bargain – Plead guilty to lesser charges in exchange for dropping more serious ones
• Pre-trial diversion – Charges dismissed after completing probation, restitution, etc.
• Sentencing leniency – Argue for minimal or no jail time if convicted at trial

With an experienced negotiator on your side, you may be able to avoid a lengthy prison sentence or permanent criminal record.

Why Hire a Top Westchester County Mortgage Fraud Lawyer?

Facing mortgage fraud accusations in Westchester can be daunting – but the right lawyer can guide you through the chaos and build a powerful defense. Be sure to hire an attorney who:

• Has extensive experience with complex financial crime cases
• Is familiar with federal and state prosecution strategies
• Has a proven track record of positive case results
• Will aggressively defend your rights and freedom at every stage
• Has strong relationships with prosecutors, regulators, and experts
• Will take the time to understand the details of your case

At [Law Firm Name], our attorneys check every box. We have an in-depth understanding of New York mortgage laws and the sophisticated defenses needed for these cases. Our firm has successfully defended countless clients against financial felony charges throughout Westchester County and the NYC metro area.We will thoroughly examine the prosecution’s evidence, identify weaknesses, and highlight facts showing your innocence. If charges cannot be dismissed quickly, we will relentlessly advocate for you in court and negotiate for the best possible outcome.Don’t leave your future to chance. Contact us today for a free case evaluation. Our elite team of Westchester mortgage fraud lawyers will start building your defense immediately.

Frequently Asked Questions

What are common penalties for mortgage fraud in New York?

Potential penalties for mortgage fraud depend on the specific charges but may include years in state or federal prison, fines up to $250,000 or double the gain from the crime, asset forfeiture, and restitution payments.

What is the statute of limitations?

For felony charges, the statute of limitations is generally 5 years in New York. The clock starts when the fraud is discovered, not when it was committed. Prosecutors can be aggressive about filing charges before the statute runs out.

Can I avoid jail time if convicted?

It depends on the case details, but some first-time offenders may qualify for probation if they accept responsibility and pay restitution. But probation is not guaranteed – your attorney’s job is to negotiate for the lightest sentence possible.

What if I’m innocent or was tricked into fraud?

Your lawyer will thoroughly investigate to build an affirmative defense showing you lacked criminal intent. We can argue you were an unknowing participant or made an honest mistake rather than deliberately committing fraud.

Should I accept a plea bargain?

There are pros and cons to plea bargains and your attorney will advise if one is in your best interest. Pleas may be appropriate for avoiding harsh sentences, but you should not accept one unless you fully understand the consequences.

How soon after charges should I hire a lawyer?

Immediately! Early intervention gives your lawyer critical time to protect your rights, examine prosecution evidence, and build your defense strategy. Don’t delay.

Let Us Fight For Your Future

The experienced [Law Firm Name] team knows how to beat mortgage fraud allegations. We have the skills and determination to secure the best possible outcome in your case – whether that means getting charges reduced or dismissed, avoiding jail time, or clearing your name at trial. Don’t wait to contact us and schedule your free case evaluation today.