Avoiding Convictions for Philadelphia Bank and Wire Fraud

Avoiding Convictions for Philadelphia Bank and Wire Fraud

Bank and wire fraud charges are serious white-collar crimes that carry heavy penalties under federal law. If you’ve been accused of bank fraud, wire fraud, or any type of financial fraud in Philadelphia, you need an experienced legal defense to fight the charges.

Let’s break down what constitutes bank fraud and wire fraud, potential defenses, and how an aggressive lawyer can help you avoid conviction.

What is Bank Fraud?

Bank fraud laws aim to protect the integrity of the banking system. There are a few main bank fraud offenses:

• Check kiting – Writing bad checks between bank accounts to temporarily make it look like you have more money than you do.
• Credit card fraud – Using stolen credit cards or card numbers to make purchases.
• Loan fraud – Lying on a loan application about income, assets, debts, etc.
• Embezzlement – Stealing money from a bank you have access to as an employee or account holder.
• Mortgage fraud – Falsifying information or documents to obtain a mortgage loan.

The penalties for bank fraud depend on how much money was obtained illegally. You may face up to 30 years in prison and $1 million in fines under federal law. Restitution is also common.

What is Wire Fraud?

While bank fraud centers on deceiving financial institutions, wire fraud focuses on using electronic communications to deceive and illegally obtain money or property.

Common wire fraud schemes include:

• Internet auction fraud – Not delivering goods that were paid for online
• Romance scams – Gaining someone’s trust online then asking for money
• Business email compromise – Posing as a vendor or client to divert payments
• Investment fraud – Lying about returns to lure investors to “Ponzi” schemes
• Non-delivery of goods or services after payment

Wire fraud has a 20 year maximum prison sentence and a $250,000 fine per count. The charges and penalties quickly add up.

Why You Need an Aggressive Defense Lawyer

Given the complexity of financial crimes and stiff penalties involved, having an experienced white collar defense lawyer is critical.

A skilled attorney will thoroughly analyze the prosecution’s evidence and identify any procedural mistakes, violations of your rights, or other opportunities to get charges reduced or dismissed pre-trial.

If a trial becomes necessary, your lawyer will aggressively cross-examine witnesses to undermine their credibility and highlight reasonable doubt. Since you are presumed innocent until proven guilty, it’s the prosecution’s burden to present compelling evidence you intended to defraud victims and banks – a high bar to clear.

Your lawyer may also negotiate with prosecutors for a better plea deal or present mitigating circumstances to the judge to seek leniency at sentencing if convicted. The right legal defense makes a huge difference.

Fighting Back Against Allegations

There are various defenses your lawyer can assert to defeat financial fraud charges, including:

• You lacked criminal intent – If errors or miscommunications led to any illegal banking acts, but you did not deliberately set out to defraud, you may avoid conviction.
• You were an unknowing participant – If others used your bank accounts or identifying information without your knowledge, you may not face liability.
• There are procedural flaws – If your Miranda rights were violated during questioning or evidence was obtained illegally, charges can potentially get thrown out.
• You were entrapped – If law enforcement pushed you into committing crimes you otherwise wouldn’t have, it is entrapment.
• You were under duress – If threats or coercion from others led you to act illegally, it can be a defense.

In addition to these defenses that defeat liability outright, your lawyer may present evidence of extenuating personal circumstances – like health conditions, family obligations, charitable deeds etc. – to negate criminal intent and seek leniency.

The key is having an attorney who knows federal laws and court procedures inside-out to protect your rights and build the strongest case possible. Don’t leave your fate to chance.

What to Do If You Are Under Investigation

If federal agents have contacted you about questionable banking or financial activities – or you suspect you soon will be – it’s essential to involve a lawyer immediately.

Never speak to investigators without your attorney present. Anything you say can be used against you, while your lawyer can shield conversations as privileged.

Be aware investigators often start out friendly, hoping suspects will open up and incriminate themselves without realizing it. They may also pressure you to take a plea deal right away before assessing the evidence and options.

With an attorney’s counsel, you can have confidence you won’t accidentally make matters worse. Your lawyer will also demand to see the prosecution’s evidence and determine if you have a strong defense before making any decisions.

The legal process takes time, so getting out in front of charges quickly is key.

How an Experienced Lawyer Can Defend You

As you can see, defending bank and wire fraud cases requires in-depth knowledge of federal law, financial systems, and trial strategy. Here’s how an experienced white collar defense lawyer can protect you:

• Carefully examine prosecution evidence – Including bank records, emails, computer files and more to identify inconsistencies, procedural issues, violations of rights etc.
• Conduct an independent investigation – Interview witnesses, collect records, recreate timelines to undermine the prosecution’s version of events.
• Negotiate with prosecutors – Leverage flaws in the state’s case and/or extenuating circumstances to seek reduced charges or dismissals pre-trial.
• File motions to suppress evidence – Seek to bar any evidence gathered through illegal searches or questioning.
• Mount an aggressive defense at trial – Rigorously cross examine witnesses and present evidence to prove your innocence.
• Seek to exclude prejudicial information – Ensure the jury does not hear any irrelevant or emotionally-charged information that could unfairly sway them.
• Present mitigating factors at sentencing – If convicted, highlight extenuating circumstances and character references to seek leniency from the judge.

Having an attorney who knows how to navigate federal courts and exploit weaknesses in the prosecution’s case could make the difference between a lengthy prison sentence and charges getting dismissed or reduced to probation. The stakes are high, so you need strong legal firepower in your corner.

Free Case Evaluation from a Top-Rated Philadelphia Lawyer

If you or someone you love has been contacted by federal agents regarding bank accounts, loans, online transactions or other financial matters, I encourage you to exercise your rights and involve a skilled legal advocate immediately.

My firm has successfully defended business professionals, investors, bankers, brokers and everyday citizens against all types of fraud allegations in Philadelphia and secured dismissals, acquittals, and greatly reduced charges in many cases when a conviction seemed imminent.

To arrange a free, completely confidential case evaluation and learn about all your options for fighting federal fraud charges, contact my office for priority assistance or call (215) 555-1212 anytime. My team and I are here to answer your questions and aggressively defend your freedom.