Will I go to jail for House Flipping Scams ?

By max@dotcomlawyermarketing.com
August 9, 2024
6 min read
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Will I Go to Jail for House Flipping Scams?

House flipping has become increasingly popular in recent years, with many people seeing it as a way to make quick profits in real estate. However, some individuals have taken this practice too far, engaging in fraudulent schemes that can lead to serious legal consequences. At Spodek Law Group, we've seen firsthand how house flipping scams can land people in hot water with federal authorities.If you're worried about potential jail time for house flipping activities, you've come to the right place. Our experienced attorneys are here to help you understand the risks and navigate any legal issues you may be facing. Don't panic - with the right legal guidance, there may be ways to mitigate your situation.

What Constitutes a House Flipping Scam?

Before we dive into the potential penalties, it's important to understand what exactly can be considered a fraudulent house flipping scheme. Some common red flags include:
  • Artificially inflating property values
  • Submitting false loan applications
  • Concealing the true condition of properties from buyers
  • Using straw buyers to obtain mortgages
  • Flipping properties rapidly at escalating prices between co-conspirators
Essentially, any deceptive practices used to make illegitimate profits through house flipping could potentially be viewed as fraud by prosecutors. Even if you didn't intend to break the law, ignorance is not a defense when it comes to federal charges.

Potential Criminal Charges

House flipping scams can result in a variety of serious federal charges, including:
  • Wire fraud (18 U.S.C. § 1343)
  • Bank fraud (18 U.S.C. § 1344)
  • Mail fraud (18 U.S.C. § 1341)
  • Conspiracy (18 U.S.C. § 371)
  • Money laundering (18 U.S.C. § 1956)
These charges carry hefty potential sentences if convicted. For example, wire fraud and bank fraud are punishable by up to 30 years in federal prison per count. With multiple properties involved in a flipping scheme, the charges can quickly add up.

Factors That Influence Sentencing

If you're facing charges related to house flipping fraud, several factors will influence whether you actually serve jail time and for how long:
  • The scope and scale of the scheme - How many properties and how much money was involved?
  • Your role in the operation - Were you a ringleader or a minor player?
  • Prior criminal history - Do you have past convictions, especially for fraud?
  • Cooperation with authorities - Are you willing to assist the investigation?
  • Restitution - Can you pay back victims of the fraud?
The federal sentencing guidelines provide a framework, but judges have discretion in determining sentences. An experienced attorney can advocate for leniency based on mitigating factors in your case.

Recent House Flipping Fraud Cases

To give you a sense of how these cases play out in the real world, here are some recent examples of house flipping fraud prosecutions:
  • In 2022, a California man was sentenced to 4 years in prison for a $10 million house flipping scam that defrauded investors.
  • A Florida real estate investor received 7 years for orchestrating a $17 million mortgage fraud scheme involving flipped properties.
  • Three New Jersey men were sentenced to 2-6 years each for their roles in a $15 million house flipping conspiracy.
As you can see, significant prison time is definitely on the table for large-scale operations. However, sentences can vary widely based on the specific circumstances.

How We Can Help

If you're under investigation or facing charges related to house flipping activities, don't wait to get legal help. At Spodek Law Group, our experienced federal defense attorneys can:
  • Analyze the evidence against you
  • Identify potential defenses and weaknesses in the prosecution's case
  • Negotiate with federal prosecutors for reduced charges or sentences
  • Advocate for alternatives to incarceration like home confinement
  • Guide you through the complex federal court process
We have a track record of achieving favorable outcomes for clients in fraud cases. While we can't guarantee results, we'll fight tirelessly to protect your rights and freedom.Don't let fear paralyze you - take action now to get ahead of the situation. Call us today at 212-300-5196 for a free consultation. Our compassionate team is ready to hear your side of the story and help chart a path forward.Remember, the earlier you involve an attorney, the more options you'll have. Don't wait until it's too late to get the experienced legal counsel you need.

Defending Against House Flipping Fraud Charges

When facing allegations of house flipping fraud, there are several potential defense strategies we may employ depending on the specifics of your case:

Lack of Intent to Defraud

One of the key elements prosecutors must prove in fraud cases is intent. If we can show that any misrepresentations or omissions were honest mistakes rather than deliberate attempts to deceive, it can undermine the government's case.

Reliance on Others

In complex real estate transactions, you may have relied on the expertise and representations of others like appraisers, inspectors, or loan officers. If their actions led to fraudulent activity without your knowledge, it could provide a defense.

Statute of Limitations

Federal fraud charges generally have a 5-year statute of limitations. If the alleged criminal acts occurred outside this window, we may be able to get charges dismissed.

Improper Investigative Techniques

If law enforcement violated your constitutional rights during the investigation, such as conducting illegal searches, we can move to suppress evidence.

Good Faith Belief

If you genuinely believed your actions were legal and aboveboard, it can negate the element of criminal intent required for conviction.

Lack of Financial Gain

In some cases, we may be able to show that you did not personally profit from the alleged fraudulent activity, which can be a mitigating factor.Every case is unique, and our attorneys will thoroughly analyze the evidence to craft the strongest possible defense strategy for your situation.

The Importance of Experienced Legal Counsel

When your freedom and future are on the line, you can't afford to take chances with inexperienced legal representation. At Spodek Law Group, we have a deep understanding of federal fraud prosecutions and how to effectively defend against them.Our founding attorney, Todd Spodek, has been featured on major media outlets for his work on high-profile cases. We bring that same level of skill and dedication to every client we represent.Don't try to handle this alone - the federal criminal justice system is incredibly complex, and the prosecutors have virtually unlimited resources at their disposal. You need an experienced team in your corner fighting for your rights every step of the way.

Take Action Now to Protect Your Future

If you're worried about potential criminal liability for house flipping activities, time is of the essence. The sooner you involve an attorney, the more options you'll have to potentially resolve the situation before charges are even filed.We offer free initial consultations to discuss your case and explain how we can help. Call us today at 212-300-5196 to schedule yours. Our compassionate team is standing by 24/7 to take your call.Remember, speaking with an attorney is protected by attorney-client privilege. You can share the details of your situation openly without fear of that information being used against you.Don't let fear or uncertainty keep you from getting the help you need. Contact Spodek Law Group now and take the first step toward protecting your future.

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About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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