Federal Check Fraud

Anybody who still uses checks can potentially find himself the subject of check fraud allegations. There are multiple ways to commit check fraud, and frequently, those accused of wrongdoing had no intent to commit fraud. If federal agents are investigating you for check fraud, which is a specific type of bank fraud, a federal defense lawyer with The Umansky Law Firm can help you learn why you are under investigation and fight your arrest.

Understanding Check and Bank Fraud

Bank fraud is a severe federal offense that has been facilitated in recent years by technological advancements in the way people secure funds in banks and other financial institutions. Due to the widespread nature of the crime, federal investigators and prosecutors dedicate significant resources to cracking down on bank fraud and are more zealous in their pursuit of the criminals behind the scenes than in past years. Individuals and crime organizations suspected of bank fraud face a harsh environment in court.

One way that individuals continue to defraud banks and financial institutions is through schemes involving bad checks. Check fraud is just one avenue for executing federal bank fraud. Modern technology has simplified the way criminals can forge checks, though many traditional methods of check fraud still occur regularly.

Common examples of check fraud include:

  • Bank check fraud: This involves ordering or signing checks for closed bank accounts
  • Fake check fraud: This involves fabricating checks or modifying the information on valid checks.
  • Check washing: This involves erasing another’s information from a check.
  • Check kiting fraud: Check kiting involves taking advantage of the period after a check is written and before it is chased to use the check as a form of unauthorized credit. Kiting often involves multiple bank accounts.
  • Electronic check fraud: Involves using the account information of an online bank account to create fake checks.

Possible Penalties for Check Fraud 

The penalties a person may face for check fraud vary depending on the facts of the case, particularly in how he carried out fraud. For example, if the defendant used a computer, he or she may face additional computer fraud charges. If the defendant used the services of the USPS or another mail carrier, he might face additional charges of mail fraud. These offenses can lead to decades in prison. A person may also face charges for knowingly participating in a scheme designed to obtain funds or other assets from a financial institution.

Generally, check fraud cases are prosecuted in federal court. Federal check or bank fraud may lead to imprisonment in a federal prison for up to 30 years, require defendants to pay restitution to victims and up to $1,000,000 in fines, and defendants may also be placed on probation.

Defending Against Check Fraud Charges 

Although the criminal penalties can be especially harsh for a seemingly minor incident, you do have defense options available. Federal law affords all individuals charged with committing a crime the opportunity to defend themselves in the court of law. This is best accomplished with the help of a seasoned criminal defense lawyer.

Some of the most effective defenses to federal check fraud charges include the following:

  • Being coerced into committing the offense under threat of bodily harm or economic loss
  • Not having committed the crime intentionally
  • Lack of evidence linking the defendant to the crime
  • Mistaken identity

Every case is unique and the defense that may be most applicable to your case may not work for another’s and vice versa. Improve your chances of having charges lessened or even dropped altogether by securing legal counsel from a federal crimes defense lawyer at The Umansky Law Firm.

Legal Counsel Against Federal Charges in Orlando 

Talk to a federal check fraud defense lawyer in Orlando to begin working on your case as soon as you discover that you are being investigated. The sooner you act, the better the chance that your attorney will be able to recover evidence that is favorable to your case. Attorney Brice Aikens is a Board Certified Criminal Trial Lawyer who specializes in defending against federal crimes. Allow him to go to work for you.

Call our firm at 407-228-3838 24/7 to discuss your case for free or email us a brief description of your case and an attorney will get in touch with you.