Among the more common white collar crimes prosecuted by the federal government are the offenses of bank fraud, mail fraud, and wire fraud. The growing presence of identity theft in the United States has led directly to the rising number of bank fraud prosecutions, as federal law prohibits any attempt to fraudulently obtain funds by means of misrepresentation or concealment, as laid out in The Federal Bank Fraud Statute, 18 U.S.C. § 1344. While many of these cases are successfully prosecuted, still more are built on insufficient evidence or misleading assumptions on the part of prosecutors, putting the accused at serious risk of harm to their personal and professional lives.
If you are under investigation for or have been accused of bank or mail fraud, it is imperative that you seek out skilled representation in order to adequately defend your rights and interests. At Hart Powell, S.C., our legal team is dedicated to providing the effective and efficient representation that each client deserves, and will work diligently to either have your charges dismissed and resolved in the most favorable manner possible. To learn more about your rights and legal options, call a Wisconsin bank fraud attorney today at (414) 271-9595.
Elements of Bank Fraud
The Federal Bank Fraud Statute lays out some very clear guidelines for what constitutes bank fraud, and unless the prosecution is able to clearly demonstrate each of these elements, the case can quickly fall apart and be dismissed. A federal prosecutor must prove the following beyond reasonable doubt:
- The defendant knowingly and willfully executed or attempted to execute a fraudulent scheme against a financial institution
- Material misrepresentation or concealment of a material fact was an element of the scheme or attempted scheme
- The financial institution was insured or charted by the United States federal government
By demonstrating that any of these elements are not present in the case, it is possible to have a case dismissed.
At Hart Powell, S.C., our Wisconsin bank fraud lawyers are committed to protecting the rights and interests of our clients through all means available, and work diligently to clear your name or minimize the penalties of a conviction. For a free consultation to discuss the details of your case with a member of our legal team, call us today at (414) 271-9595.