Top Helena, MT Bank Fraud Lawyers Near You
Bank Fraud Lawyers | Helena Office
800 North Last Chance Gulch, Suite 101, Helena, MT 59624
Bank Fraud Lawyers | Helena Office
211 5th Ave, Helena, MT 59601
Helena Bank Fraud Information
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- Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
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What Is Bank Fraud?
Bank fraud is usually a crime in which the offender knowingly commits, or attempts to commit, a scheme involving theft from either a financial institution or money or property which said financial institution is in the lawful custody of (such as a bank client’s savings account).
What Are Some Different Types of Bank Fraud?
There are several different types of bank fraud. Accounting fraud takes place when a business or sole proprietorship attempts to secure a loan from a bank, credit union or other financial institution. While this may be a perfectly legitimate loan on the surface, accounting fraud takes place when the financial representative of the business knowingly lies or misrepresents their ledger to the bank’s loan officer essentially promoting their business as more solvent, profitable or otherwise qualified to take out a loan which they would not have secured had they been honest about their finances. Accounting fraud can also be a form of loan fraud.
Loan fraud takes place either when an individual or business misrepresents their ledger to gain an advantage in a borrowing negotiation, but it can also occur if a criminal, using tactics related to identity theft, presents themselves as another person in order to garner an illegitimate loan.
ATM fraud can occur if a thief uses a skimmer, or another form of technology or technological expertise, to hack or reprogram the machine itself. Once the software or firmware security measures protecting that particular ATM machine are cracked, the criminals help themselves to the cash deposited. ATM fraud can also take place if an individual places an empty envelope (or envelopes) into the machine, claiming an illegitimate deposit. The envelopes being empty, the offender then removes as much money from the false deposit as allowable.
Is Bank Fraud a Felony or a Misdemeanor?
Bank fraud is considered to be a felony at the federal level, and at the state level, whether an incident of alleged bank fraud is categorized as either a felony charge or a misdemeanor charge depends upon the jurisdiction and circumstances.
Most instances of bank fraud become felony offenses, but misdemeanor charges can result. For example, in some states, the crime of forgery falls under the umbrella of bank fraud and can be constituted as a Class A misdemeanor in certain circumstances. Provided that the forged instrument is not a bond, deed, will, debit or credit card, mortgage, contract, release, stock, currency or government-issued, the crime could be considered a Class A misdemeanor.
What Is the Punishment for Bank Fraud?
The maximum penalty in response to a charge of bank fraud at the federal level is 30 years imprisonment, as well as a fine of up to $1 million.
State statutes vary in how they treat crimes related to bank fraud, and each case can be different. To use forgery, for instance, the penalty for the third-degree felony is a fine of no more than $10,000 in addition to a prison sentence of between two to 10 years. A misdemeanor can result in a maximum sentence of one year in jail as well as potential fines of up to $4,000.
That being said, almost all bank fraud cases are prosecuted at the federal level due to the fact that most financial institutions are protected by the Federal Deposit Insurance Corporation (FDIC).
How to Choose a Bank Fraud Lawyer
Charges related to bank fraud are generally considered to be serious allegations with severe punishments upon conviction. If you are facing such charges, it would be wise to secure the services of a skilled criminal defense lawyer specializing in white-collar crime cases.
An experienced attorney focusing on fraud cases will be familiar with pre-existing precedent, and attorney-client privilege will allow you to divulge all material evidence and opinions to your legal representative in private.
Do your due diligence by investigating all potential attorneys you’re considering as representation, digging deep into their credentials, courtroom track record and any appearances in media. Speak to your local legal association, legal aid department, and other avenues of relevance in order to build the best profile possible before making your decision.
Have You Been Charged With Embezzling or Defrauding a Bank?
Embezzlement relates to the deceitful disclosure of assets for illegal conversion of funds. Frequently, embezzlement involves employee theft from a financial institution. Bank fraud is fraudulent activity through a banking institution for the purpose of profiting by the deceit. An example is a bank manager who issues a false letter of credit so that he or she can induce others to lend money or extend credit.
Bank Fraud and Embezzle Legal Help
Bank fraud and embezzlement are federal crimes and can result in harsh prison terms. Talk to an attorney to learn how you can protect your legal rights and prepare your defense to the charges.
How an Attorney Can Help
An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.
The Importance of a Good Consultation
The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.
How much does it cost to hire an attorney?
In general, how much an attorney costs will often depend on these four factors: billing method and pricing structure, type of legal work performed, law firm prestige, and attorney experience. Depending on the legal issue you are facing, an attorney may bill you by the hour, settle on a flat fee, or enter into a contingency fee agreement. The type of legal work you need help with will also play a role in cost incurred.
Common legal terms explained
Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.