Will I Go to Jail for Structured Settlement Scams?
If you're worried about facing jail time for involvement in structured settlement scams, you've come to the right place. At Spodek Law Group, we understand the anxiety and uncertainty you're feeling. Structured settlement fraud is a serious federal offense that can carry severe penalties, including prison sentences. However, with the help of our experienced federal defense attorneys, we may be able to help you avoid incarceration and mitigate the consequences you're facing.
Understanding Structured Settlement Scams
Structured settlement scams typically involve deceiving accident victims or insurance companies to fraudulently obtain settlement funds. Some common schemes include:
- Fabricating or exaggerating injuries to inflate settlement amounts
- Impersonating legitimate structured settlement companies
- Forging court documents or insurance paperwork
- Coercing or manipulating vulnerable accident victims
- Misappropriating settlement funds intended for victims
While structured settlements themselves are legal financial arrangements, any attempts to defraud or manipulate the system can result in federal criminal charges.
Potential Criminal Charges and Penalties
Depending on the specific nature of the alleged scam, prosecutors may pursue charges like:
- Mail fraud (18 U.S.C. § 1341)
- Wire fraud (18 U.S.C. § 1343)
- Bank fraud (18 U.S.C. § 1344)
- Identity theft (18 U.S.C. § 1028A)
- Money laundering (18 U.S.C. § 1956)
These federal offenses can carry
lengthy prison sentences of 10-30 years per count, along with hefty fines. For example, mail and wire fraud are punishable by up to 20 years in prison and $250,000 in fines for each offense.The exact penalties you may face depend on factors like:
- The total financial losses involved
- Number of victims impacted
- Your role in the alleged scheme
- Prior criminal history
- Acceptance of responsibility
Factors That May Impact Jail Time
While jail time is certainly possible for structured settlement fraud, it's not guaranteed in every case. Some key factors that can influence whether you receive prison time include:
- Amount of financial losses: Larger dollar amounts typically lead to harsher sentences.
- Number of victims: More victims usually means increased penalties.
- Role in the scheme: Organizers and leaders face stiffer punishments than minor participants.
- Criminal history: Prior convictions make jail time more likely.
- Cooperation: Assisting the investigation may earn leniency.
- Restitution: Paying back victims can sometimes help avoid incarceration.
- Plea agreements: Negotiating a favorable plea deal may reduce or eliminate jail time.
Our experienced defense attorneys will carefully analyze all aspects of your case to determine the best strategy for potentially avoiding prison time. We've helped many clients facing similar charges obtain favorable outcomes.
Legal Defenses Against Structured Settlement Fraud Charges
Depending on the specifics of your case, there may be several viable defenses we can pursue, such as:
- Lack of intent to defraud: Arguing you did not knowingly participate in any fraudulent scheme.
- Insufficient evidence: Challenging the prosecution's evidence as inadequate to prove guilt beyond a reasonable doubt.
- Entrapment: Claiming law enforcement improperly induced you to commit a crime.
- Statute of limitations: Asserting the charges were filed too late under applicable laws.
- Fourth Amendment violations: Suppressing evidence obtained through illegal searches or seizures.
- Mistaken identity: Demonstrating you were falsely identified as being involved.
Our skilled trial lawyers will thoroughly investigate every angle to build the strongest possible defense strategy tailored to your unique situation.
How Our Federal Defense Attorneys Can Help
At Spodek Law Group, we have extensive experience defending clients against complex white collar and financial crime charges like structured settlement fraud. Our team includes former federal prosecutors who understand how the government builds these cases.When you work with us, we will:
- Conduct a comprehensive case review and investigation
- Identify and interview key witnesses
- Analyze all evidence for potential weaknesses
- Negotiate with prosecutors to potentially reduce or dismiss charges
- File strategic motions to suppress evidence or dismiss the indictment
- Prepare a compelling defense for trial if necessary
- Advocate for minimal penalties if conviction occurs
We have a proven track record of achieving favorable outcomes for clients facing serious federal charges. While we can never guarantee a specific result, we fight tirelessly to protect your rights and freedom.
Don't Face These Charges Alone
If you're under investigation or have been charged with structured settlement fraud, time is of the essence. The sooner you contact our experienced defense team, the better we can protect your rights and build a strong case.
Call us today at 212-300-5196 for a free, confidential consultation about your case. Let us put our knowledge and skill to work fighting for you.Remember, an accusation is not the same as a conviction. With a skilled federal defense attorney in your corner, you may be able to avoid jail time and minimize the impact on your life. Don't wait - reach out now to discuss your options.