Bank Fraud Defense

Understanding Bank Fraud Defense

Bank fraud under 18 U.S.C. Section 1344 is a serious federal offense that carries penalties of up to 30 years in prison and fines of up to $1 million. The statute prohibits knowingly executing or attempting to execute a scheme to defraud a financial institution or to obtain money, funds, or assets under the custody or control of a financial institution by means of false or fraudulent pretenses, representations, or promises.

What Constitutes Bank Fraud

Bank fraud encompasses a wide range of conduct, including submitting false loan applications, check kiting schemes, unauthorized use of bank accounts, fraudulent wire transfers, identity theft targeting bank accounts, mortgage fraud, and misrepresentation of financial information to obtain credit. The statute applies to any scheme that targets a federally insured financial institution, which includes virtually all banks, credit unions, and savings institutions in the United States.

Investigation and Prosecution

Bank fraud investigations are typically conducted by the FBI, the Secret Service, the Office of the Inspector General, or the financial institution’s own fraud detection unit. Federal prosecutors work closely with these agencies and often build cases over extended periods using documentary evidence, financial records, and cooperating witnesses. Banks are required to file Suspicious Activity Reports (SARs) with FinCEN, which often trigger federal investigations.

Defending Bank Fraud Charges

An effective defense against bank fraud charges focuses on the intent element. The government must prove that the defendant knowingly and willfully participated in a scheme to defraud. Mistakes, misunderstandings, and negligent conduct do not constitute bank fraud. Our attorneys carefully analyze the evidence to identify weaknesses in the government’s case, including lack of knowledge, absence of intent to deceive, and reliance on advice from banking professionals or advisors.

The consequences of a bank fraud conviction extend far beyond imprisonment. Defendants face substantial restitution orders, forfeiture of assets, and lasting damage to their financial reputation and credit. If you are facing bank fraud charges, our firm will provide the aggressive, knowledgeable defense you need.

Defense Strategies We Use

The Federal Criminal Process

Understanding what happens next is critical. Here is a step-by-step overview of the federal criminal process — and where an experienced attorney can make the biggest impact.

Frequently Asked Questions