Criminal Defense Lawyers

Appealing Common Federal Fraud and Theft Convictions

Appealing Common Federal Fraud and Theft Convictions

If you have been convicted of a federal fraud or theft crime, you may be wondering if you can appeal your conviction. The appeal process can seem complicated and intimidating, but this guide will walk you through the basics. An appeal is your chance to argue that mistakes were made in your case that affected the outcome. While appeals are not easy to win, with the help of an experienced attorney, you may be able to get your conviction overturned or your sentence reduced.

Common Grounds for Appealing Federal Fraud and Theft Convictions

Here are some of the most common reasons fraud and theft convictions get appealed:

• Insufficient evidence – The evidence presented at trial was not enough to prove your guilt beyond a reasonable doubt.
• Improper jury instructions – The judge gave the jury incorrect or misleading instructions on the law.
• Prosecutorial misconduct – The prosecutor engaged in improper behavior that prejudiced you.
• Ineffective assistance of counsel – Your defense attorney made serious mistakes that harmed your case.
• Sentencing errors – The judge made mistakes in calculating your sentence under the guidelines.
• Unconstitutional search or seizure – Evidence was obtained through an illegal search or seizure.

Your attorney will thoroughly review the record of your case to identify any potential appeal issues. The strongest appeals often raise multiple grounds for overturning a conviction or sentence.

How the Federal Appeals Process Works

Federal criminal cases are appealed to the Circuit Court of Appeals covering the district where you were convicted. There are 13 Circuit Courts that handle appeals from federal district courts across the country[1].

The first step is filing a Notice of Appeal within 14 days of the judgment in your case. This puts the appeal process in motion. Your attorney will then order transcripts of everything that happened at trial to create the record on appeal.

The next major step is filing the Appellant’s Brief, which lays out all the arguments for overturning your conviction or sentence. This long legal document must precisely cite the trial record and judicial precedents. The U.S. Attorney’s office will file a response brief countering your arguments. Oral arguments may be scheduled, where each side presents their case before a panel of three appellate judges[2].

The Circuit Court panel will then issue a written decision, usually within a few months. The judges may uphold your conviction, overturn it completely, or send your case back to the district court for retrial or resentencing. Both sides have the option to appeal the Circuit Court’s decision to the U.S. Supreme Court, but very few cases are accepted for review.

Strategies for Winning Your Appeal

While the odds are against overturning any conviction, working with an attorney who specializes in federal criminal appeals can maximize your chances. Here are some key strategies they may use:

• Thoroughly comb through the trial record for appealable errors.
• Raise every viable argument, even if bases for appeal are limited.
• Emphasize where your constitutional rights were violated.
• Argue for the highest standard of review possible.
• Craft a compelling brief with meticulous legal citations.
• Argue forcefully and persuasively in oral arguments if granted.
• Capitalize on intervening changes in the law.

An experienced appeals lawyer will look for creative ways to get your conviction thrown out. This could involve making novel legal arguments or finding precedent-setting cases decided after your trial. They will also highlight any compelling equities in your particular case.

Appealing Specific Federal Fraud and Theft Crimes

The appeal process has some unique considerations depending on the specific fraud or theft crime you were convicted of. Here is an overview of appealing some of the most common federal charges:

Mail/Wire Fraud

Mail and wire fraud charges under 18 U.S.C. § 1341 and § 1343 are frequently appealed on grounds of insufficient evidence, improper jury instructions, and sentencing errors[3]. The interstate mailing or electronic communication element of these charges can be challenged. Prosecutors often tack on multiple mail/wire fraud counts, leading to unreasonably long sentences that can be disputed on appeal.

Tax Fraud/Evasion

Tax fraud and evasion convictions under 26 U.S.C. § 7201 often involve complex financial transactions that can be difficult for juries to understand. Appeals may argue that the government did not adequately prove you intended to violate tax laws or actively evaded payments. Sentencing appeals in tax cases often dispute the method used to calculate the tax loss amount.

Identity Theft

For identity theft charges under 18 U.S.C. § 1028A, appeals frequently allege insufficient evidence that you knew the means of identification belonged to a real person. The statute requires the prosecution to prove you knew the ID was “of another person,” which can be ambiguous. Other common grounds are contesting the number of counts or the loss amount used for sentencing.

Bank/Mortgage Fraud

Bank fraud (18 U.S.C. § 1344) and mortgage fraud (§ 1014) convictions often raise issues of inadequate proof you intended to defraud the financial institution or made false statements. Sentencing appeals may argue the loss amount attributed to you was incorrectly calculated. Prosecutorial misconduct is another avenue, as these cases rely heavily on circumstantial evidence.

Securities/Investment Fraud

For securities and commodities fraud under 18 U.S.C. § 1348, common appeal grounds are contesting intent to defraud, sufficiency of the evidence, jury instructions, and loss amount calculations. The complex rules and transactions involved lend themselves to arguments the jury was not properly instructed. Sentencing appeals often allege the government failed to subtract legitimate business expenses when determining losses.

Getting Help from an Experienced Federal Appeals Attorney

The appeals process is filled with rigid deadlines and complex legal rules. An experienced federal criminal appeals attorney is essential to have any real chance of success. They will know how to comb through trial records to identify appealable errors, craft compelling arguments in briefs, and persuasively argue before appellate judges.

Do not leave your appeal to chance – consult with a lawyer who specializes in federal appeals. They can review your case and lay out your options. With an aggressive appeals strategy, you may be able to overturn your conviction or significantly reduce your sentence.