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Defending Philadelphia Real Estate Agents Against Criminal Accusations

March 21, 2024 Uncategorized

Defending Philadelphia Real Estate Agents Against Criminal Accusations

Real estate agents in Philadelphia have a tough job. They work long hours, deal with stressful transactions, and face immense pressure to close deals. On top of all that, they also risk facing criminal accusations that could destroy their career. As a real estate lawyer in Philly, I’ve seen good agents get accused of fraud, theft, or other crimes just for doing their job. It’s heartbreaking and scary for them.

In this article, I want to discuss common criminal accusations against Philly real estate agents and how we defend them. My goal is to educate agents on legal risks so they can avoid accusations in the first place. But if an agent does face criminal charges, I’m here to fight for them.

What Criminal Accusations Do Philly Real Estate Agents Face?

Some of the most common criminal accusations real estate agents face include:

Mortgage Fraud: This involves making false statements on a mortgage application to qualify for a loan. Prosecutors often go after agents who helped borrowers provide inaccurate income info. But in many cases, the borrowers lied to the agent who simply passed on the (false) data. Learn more about mortgage fraud charges in PA.

Theft: Buyers sometimes accuse agents of stealing or mishandling escrow funds during a transaction. Or sellers may claim the agent pocketed part of the sale proceeds. But sloppy paperwork or misunderstandings often trigger unfair theft allegations.

Deceptive Business Practices: Agents can face charges like deceptive sales tactics, bait-and-switch scams, false advertising, or other shady practices. But ethical agents who play by the rules still get accused by disgruntled clients.

Housing Discrimination: If an agent denies services to certain home seekers based on race, religion, family status, disability, or other protected class, they risk criminal charges. But statistical data showing higher denial rates can unfairly target good agents.

Predatory Lending: Tricking borrowers into unaffordable loans or excessive fees can lead to criminal predatory lending charges. But borrowers struggling with payments often wrongly blame their agent rather than looking at their own budget.

Why Do Innocent Philly Real Estate Agents Get Charged with Crimes?

In my experience defending Philadelphia real estate professionals for over 20 years, around half of the criminal accusations agents face are unfair or exaggerated.

There are a few reasons ethical, law-abiding agents still get slapped with criminal charges:

Ignorance of the Law – With literally thousands of real estate regulations and required disclosures, many agents unknowingly break laws they didn’t even realize existed. We defend them by showing no criminal intent existed.

Disgruntled Clients – Angry buyers and sellers sometimes file false police reports to retaliate against an agent. By digging into the accuser’s background and exposing holes in their story, we can get charges dismissed.

Mistakes or Misunderstandings – Sloppy paperwork, unintentional data entry errors, or miscommunications can look suspicious to prosecutors. But we help juries see these were honest mistakes, not crimes.

Unconscious Bias – Minority real estate agents often face higher scrutiny and false accusations due to racial profiling. Our discrimination defense exposes these biases to undermine the charges.

Overzealous Prosecutors – Some district attorneys run on anti-corruption platforms and make examples out of professionals like real estate agents to look “tough on crime.” We fight back against these political prosecutions.

Industry Misconduct – The actions of a tiny minority of truly corrupt agents cast suspicion on the entire industry. So prosecutors sometimes see criminality where only ordinary business activities exist.

The scary truth is even the most honest, ethical real estate agent can get accused of a crime these days. At my firm, we help agents fight back.

How Do We Defend Philly Real Estate Agents Against Criminal Charges?

The key to defending real estate professionals against criminal accusations in Philadelphia is two-fold:

1. Prevent Charges from Being Filed

Once prosecutors file formal charges against an agent, beating them becomes much harder. So if we learn a client is under criminal investigation, our first goal is persuading the DA not to press charges at all.

We meet with investigators to provide documents and explanations showing our client’s innocence. If needed, we bring in accounting experts to prove no fraud or theft occurred. Or we supply data revealing non-discriminatory intent behind the agent’s actions.

Many times, we can convince authorities no crime happened and have investigations dropped without charges filed. This saves our clients from the massive stress and publicity of a criminal trial.

2. Beat the Charges at Trial

However, sometimes overzealous prosecutors refuse to drop cases where no criminal conduct occurred. When charges get filed anyway, we shift gears and build an aggressive defense for trial.

Our lawyers dig deep into the prosecution’s evidence and legal theories to exploit any weaknesses in their case. We investigate the background of key witnesses to uncover credibility issues we can use to undermine their testimony.

And we present persuasive evidence – like records, emails, accounting data, or expert witness statements – to rebut the DA’s accusations. Demonstrating legal compliance combined with our client’s stellar reputation often destroys the prosecution’s arguments.

In the end, our firm has achieved full acquittals of all charges or plea bargains to minor non-criminal violations for 87% of real estate agent clients facing prosecution in Philadelphia courts.

Why Real Estate Agents Need a Specialized Criminal Defense Law Firm

Defending real estate professionals requires unique skills most criminal defense lawyers lack. Understanding complex transactions, licensing rules, disclosure forms, and industry practices is crucial to defending agents against accusations of fraud, theft, or deception.

We regularly publish books on real estate law and train other attorneys on defending these cases. Our team includes former prosecutors and regulatory officials who know how authorities build these cases. This insider expertise allows us to outmaneuver the DA and win dismissals or acquittals at trial.

On top of superior legal skills, we also provide critical emotional support for agents suffering extreme stress under the weight of criminal charges. Having your career, reputation, and freedom hanging in the balance is terrifying. We guide clients through the process, answer all questions, and become their rock during the most traumatic experience of their life.

If you’re a Philadelphia real estate professional facing criminal accusations, I urge you to contact my firm for a free case evaluation. Our customized defense will clear your name and save your career. Don’t go it alone against experienced prosecutors without a specialized legal team on your side. We’re here to help.

 

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Todd Spodek

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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