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Our experienced federal criminal attorneys handle federal bank crimes throughout the state of New York, including the Southern District of New York, the Eastern District of New York, and the Northern District of New York. If you have been charged with a federal bank crime, you should contact one of our skilled federal criminal defense lawyers without delay to protect your rights and your reputation. A conviction for a federal bank crime can result very serious fines and long terms of imprisonment.
There are many types of bank crimes including bank fraud (18 U.S.C. § 1344), false statements (18 U.S.C. § 1014), embezzlement (18 U.S.C. § 656), misapplication (18 U.S.C. § 657), false entries (18 U.S.C. § 1005 and 1006), and bribery (18 U.S.C. § 215).
If you have been charged with a bank crime, you should contact a skilled federal criminal defense lawyer right away to protect your rights and your reputation. Bank crimes are very serious offenses and most offenses can result in a fine of up to $1,000,000.00 and thirty years in prison.
18 U.S.C. § 1344 makes it a federal crime for any person to: (1) knowingly; (2) execute or attempt to execute; (3) “a scheme or artifice” to “defraud” a bank, or a “scheme or artifice” to obtain moneys, funds, credit, assets, securities, or other property owned by or under the custody or control of a bank by means of false or fraudulent pretenses, or promises. A conviction for bank fraud can result in a fine of up to $1,000,000, and thirty years in prison.
There are several viable defenses to a charge of bank fraud, including: (1) that the alleged victim of the fraud was not a federally chartered or insured institution; (2) that there was no specific intent to defraud.
18 U.S.C. § 1014 makes it a federal crime for any person to make a false statement to virtually any financial institution for the purpose of obtaining a loan or other extension of credit. In order to obtain a conviction under 18 U.S.C. § 1014, the prosecutor must prove: (1) that the defendant made a false statement or report or willfully overvalued any property, or security; and (2) that he did so for the purpose of influencing in any way the actions of the bank.
A conviction for false statements can result in a fine of up to $1,000,000, and thirty years in prison.
There are several viable defenses to a charge under 18 U.S.C. § 1014, including that the defendant did not intend to make a false statement and/or did not intend to overvalue any property, or security.
Embezzlement and Misapplication
18 U.S.C. § 656 and § 657 make it a federal crime for a person to embezzle or missaply bank funds. In order to obtain a conviction for embezzlement or misapplication, the prosecution must prove:
(1) that the defendant was an officer or employee of the bank;
(2) that the accounts of the bank were insured by the Federal Deposit Insurance Corporation;
(3) that the defendant, being an officer or employee, knowingly and willfully embezzled and misapplied monies and funds of the bank; and
(4) that the defendant acted with intent to injure and defraud the bank.
Misapplication and embezzlement are separate and distinct offenses. The element that distinguishes embezzlement from misapplication is that the defendant must have lawful possession of the funds alleged to have been appropriated for his own use in order to be convicted for embezzlement.
A conviction for embezzlement or misapplication can result in a fine of up to $1,000,000, and thirty years in prison.
A skilled federal criminal defense lawyer can raise a number of defenses to these charges on your behalf. Most defenses to embezzlement and misapplication charges focus on the intent requirement, good faith, and knowledge and consent of the alleged victim.
18 U.S.C. § 1005 and 1006 make it a federal crime to make false entries in the records of the bank with the intent to injure or defraud. Prosecutors will usually charge a defendant in an embezzlement or misapplication case with violating 18 U.S.C. § 1005 and 1006, since a false entry is often used to cover up the embezzlement or misapplication.
A conviction for embezzlement and misapplication can result in a fine of up to $1,000,000, and thirty years in prison.
There are many potential defenses to false entry allegations including accurate reporting, the degree of materialness of the matter reported, and omissions and ambiguities in the reporting. If you have been charged with false entries, you should contact a skilled federal criminal defense lawyer right away to protect your rights and your reputation.
18 U.S.C. § 215(a)(1) makes it a crime for a person to: (1) give, offer, or promise anything of value to any person; (2) with the intent to corruptly influence or reward; (3) an officer, director, employee, agent, or attorney of a bank; (4) in connection with any business or transaction of that bank.
18 U.S.C. § 215(a)(2) makes it a crime for a banker to corruptly solicit, demand, receive, or agree to receive (or directing to any other person) anything of value with the intent of being influenced in his or her capacity at the bank.
A conviction for bribery can result in a fine of up to $1,000,000, and thirty years in prison.
If you, a family member, or a friend, have been charged with a crime, or are being suspected or investigated for a crime, contact an experienced criminal defense lawyer without delay to ensure the best possible outcome and to minimize and eliminate the possibility of wrongful conviction.
Merchant Law Group LLP’s experienced criminal defense lawyers are available twenty-four hours a day, seven days a week for a free consultation. Our criminal defense lawyers can make themselves available on very short notice. We accept credit cards and offer flexible payment plans. If you have been charged with a state or federal crime contact one of our experienced criminal defense lawyers who will do everything in their power to get your charges reduced or dismissed, or to win your case at trial.