Dallas Bank Fraud Defense Attorney

Dallas Bank Fraud Defense Attorney

Federal bank fraud involves any attempt to carry out a scheme to obtain money, assets, securities, or other property from a federally insured bank or financial institution through false representations or pretenses. It’s a serious criminal charge and carries severe penalties and possible prison time if convicted. Anyone facing allegations of federal bank fraud or securities fraud needs the help of an experienced white collar crime attorney in Dallas.

The bank fraud lawyers at Broden & Mickelsen, LLP, have over 60 years of combined experience in criminal defense, representing individuals and businesses, and handling complex fraud cases. Our legal team will defend your rights.

Contact our law firm today for a case review with a knowledgeable Dallas federal bank fraud defense attorney. Our board-certified criminal and criminal appellate law attorneys have over 60 years of combined experience representing clients in federal trial and appellate courts. Discover how we can guide you through the criminal justice process, develop a robust defense, and seek a favorable outcome to charges related to financial crimes.

What Is Federal Bank Fraud?

Under the federal bank fraud statute, a person is committing bank fraud if they knowingly execute or attempt to execute a scheme to defraud a financial institution or obtain money or other assets from a financial institution using false representations or fraudulent pretenses.

Bank fraud may involve various types of alleged fraudulent activity, such as:

  • Credit Card Fraud – A person may defraud a credit card issuer by providing false information on a credit card application, such as lying about income or available assets, to obtain approval for a credit card or an increased credit limit.
  • Check Fraud – Examples of check fraud include kiting checks, where a person takes advantage of check processing times by writing checks on an account with insufficient funds, depositing the checks into another account, and then withdrawing the funds from the other account before the checks clear. Different forms of check fraud include forging a person’s signature on a check, altering a check, depositing a fake check, or depositing a check in more than one account.
  • Loan/Mortgage Fraud – An individual may fraudulently obtain loans from the bank by knowingly misrepresenting facts on a loan or mortgage application or using a straw borrower with no intention of repaying the funds.
  • Wire Fraud – A person may initiate a fraudulent wire transfer, usually after obtaining the account holder’s information through deceptive means.
  • Money Laundering – A person may face money laundering charges for allegedly involving a bank or financial institution in efforts to conceal the source of illegally obtained funds by commingling them with legitimate funds.
  • Depositing Counterfeit Money – A person may deposit counterfeit bills at a bank or ATM. If the bank or ATM accepts the bills, the individual may then withdraw legitimate bills from another bank branch or ATM.

What Are the Penalties for Federal Bank Fraud?

Violations of the federal bank fraud statute carry criminal penalties of up to 30 years in prison, a fine of up to $1 million, or both imprisonment and a fine upon conviction. Furthermore, federal courts frequently order those convicted to make restitution to the institutions they defrauded. The amount of restitution the court may order will depend on the amount of losses the financial institution incurred due to the defendant’s fraud crimes and the defendant’s ability to pay restitution.

How Can a Dallas Criminal Defense Lawyer Help If I’m Facing Federal Bank Fraud?

Hiring an experienced bank fraud defense attorney offers you the best chance of securing a favorable outcome if law enforcement officials have charged you with bank fraud. A federal criminal defense attorney in Dallas with Broden & Mickelsen, LLP, can help you seek a favorable resolution to bank fraud charges by:

  • Thoroughly investigating your charges to secure evidence to develop a strong defense
  • Reviewing the facts of your case to evaluate viable defense strategies to help you pursue a favorable outcome
  • Explaining the charges and the potential outcomes to help you make decisions about how to move forward with your case
  • Challenging the federal prosecutors’ case at every opportunity, including seeking to exclude unlawfully obtained evidence, or asking the court to dismiss the charges for insufficient evidence
  • Fighting for the best possible resolution to your charges, whether that involves a negotiated plea deal or presenting a compelling defense at trial if you choose to contest the government’s allegations

Possible Federal Bank Fraud Defense Strategies in Dallas

A Dallas bank fraud attorney can help you pursue legal defenses such as:

  • Lack of Intent – A defendant may fight a federal bank fraud charge by arguing the person charged did not possess the required criminal intent under the bank fraud statute. The statute requires a defendant to have acted “knowingly.” However, a defendant may assert that they made a negligent mistake in providing inaccurate information to the bank or provided incorrect information while acting in good faith, believing the information to be accurate.
  • Materiality – A defendant facing bank fraud charges may assert that the alleged false or misleading information they provided to the bank as part of an application for a transaction did not form a material part of the bank’s decision to approve or carry out the transaction. In other words, the bank would have carried out the transaction regardless of whether or not the defendant allegedly attempted to defraud the bank.
  • Duress – A duress defense alleges that a defendant committed a crime under coercion or threat by another party. For example, a defendant facing bank fraud charges may allege that another person pressured them into participating in a scheme to commit fraud.
  • Unlawful Searches or Questioning – Defendants may try to exclude evidence from the government’s case by asserting that federal investigators conducted an illegal search or an improper search. If the court grants the motion, that may leave the prosecutors lacking sufficient evidence to gain a conviction for a serious criminal offense.

Other defense strategies may focus on minimizing penalties after a conviction. For example, a defense may focus on challenging the calculation of losses caused by a criminal offense, which may affect the penalties the court may impose as part of the sentence and the amount of restitution the court may order the defendant to pay.

A debit card fraud lawyer from Broden & Mickelsen, LLP, can review the facts and evidence in your case to identify relevant, effective defense strategies that may help you seek a reduction or dismissal of your charges or an acquittal at trial.

Contact Our Dallas Criminal Defense Lawyers for Legal Assistance

When you face federal charges related to bank or securities fraud, you need a criminal defense attorney with experience handling such cases in Dallas, TX. A lawyer for bank fraud defense can help you pursue an effective defense strategy to minimize the severe consequences of a conviction. Contact Broden & Mickelsen, LLP, today for an initial consultation with a Dallas federal bank fraud defense lawyer. A knowledgeable fraud attorney can discuss your options for resolving your white-collar crime charges and protecting your professional reputation.