what type of lawyer do i hire if i am accused of fraud

Full Answer

Do I need a lawyer for criminal fraud charges?

Yes, it is important to consult with an experienced criminal lawyer if you are facing criminal fraud charges. Whether you are charged with a misdemeanor or a felony, the consequences may be serious and long-lasting.

How can a criminal defense attorney help me with bank fraud?

A criminal defense attorney has the experience and knowledge to assist you with this serious matter. Bank fraud is a crime that can have a life-long impact on you and those around you as well. It is important to preserve your rights and receive guidance from someone that is familiar with this type of law.

What should I do if I am a victim of fraud?

If you believe you are a victim of criminal fraud, you should call law enforcement and report the fraud to authorities. If there is sufficient evidence, the case will be forwarded to your local prosecutor or District Attorney’s office to prosecute the person who committed the fraud against you.

Is it a crime to attempt to commit fraud?

However, it is important that the defendant intended to commit fraud and made the attempt. Depending on the laws of the state you’re in, as well as the specific circumstances of the case, criminal fraud may be prosecuted either as a misdemeanor crime or as a felony.

What type of crime is fraud?

Fraud and financial crimes are a form of theft/larceny that occur when a person or entity takes money or property, or uses them in an illicit manner, with the intent to gain a benefit from it.

How do you prove intent in a fraud case?

Demonstrating Intent Evidence that the defendant tried to conceal criminal activity; Expert testimony from specialists in certain fields, such as accounting, securities, finance, and insurance; Proof of specific industry business practices; Proof of a defendant's misrepresentations or false statements; and.

What elements must you show do you prove a case of fraud?

Under common law, three elements are required to prove fraud: a material false statement made with an intent to deceive (scienter), a victim's reliance on the statement and damages.

What constitutes fraud in a lawsuit?

In civil litigation, allegations of fraud might be based on a misrepresentation of fact that was either intentional or negligent. For a statement to be an intentional misrepresentation, the person who made it must either have known the statement was false or been reckless as to its truth.

Do you need intent to prove fraud?

Yet as is the case with many federal criminal matters, things are not that simple (otherwise any transaction that resulted in your partner suffering a financial loss might qualify as fraud). Rather, an element of intent must be present in order to prove fraud.

How do you prove intentionally?

For general intent, the prosecution need only prove that the defendant intended to do the act in question, whereas proving specific intent would require the prosecution to prove that the defendant intended to bring about a specific consequence through his or her actions, or that he or she perform the action with a ...

What are the three types of frauds?

The 3 Main Types of FraudAsset misappropriation.Bribery and corruption.Financial statement deception.

How do you prove deception in court?

What must the prosecution prove?That you, by deception:Obtained a financial advantage; or.Caused a financial disadvantage; or.Obtained property belonging to another; and.the obtaining of the property, advantage, or disadvantage was dishonest.

What Legal Services Do Fraud Lawyers Provide?

The kinds of services that a fraud attorney may provide will depend on the type of case. For example, a plaintiff filing a civil fraud lawsuit will want to consult a civil fraud attorney or personal injury lawyer.

How Can a Fraud Lawyer Help Your Situation?

As previously mentioned, fraud lawyers provide myriad services to assist their clients in receiving a successful resolution to fraud matters. There are many useful benefits that stem from hiring a fraud lawyer to handle a case.

Should You Hire a Fraud Lawyer for Your Case?

For all of the reasons mentioned above you should certainly consider hiring a local fraud lawyer for your case. A fraud lawyer can advise you about important legal strategies, draft and file necessary legal documents, and provide representation in court.

How to get a fraud conviction?

In order to obtain a fraud conviction, the prosecution must prove the defendant intended to deceive another individual or entity. Sometimes, it is difficult to prove intent. For example, an individual may accidentally use their friend’s insurance card, which is not fraud.

What to do if you believe you are a victim of fraud?

If an individual believes they are a victim of criminal fraud, they should contact their local law enforcement and report the fraud. If sufficient evidence exists, the case will be forwarded to the local prosecutor or District Attorney’s office for prosecution of the individual who committed the fraud.

What is criminal fraud?

Criminal fraud is a crime that involves a scheme to cheat or deceive another individual or entity in order to obtain a financial gain or similar type of gain. It is considered a white collar crime. According to criminal fraud law, any action intended to deceive another through false representation of fact that results in legal detriment to ...

What factors are considered when determining sentencing for a criminal fraud conviction?

A court will take several factors under advisement when determining sentencing for a criminal fraud conviction, including: The severity of the fraud; Whether the defendant has any prior convictions; If the defendant is currently on probation or parole; The amount of money or property that was stolen; and.

What are the consequences of a criminal fraud conviction?

The penalties for a criminal fraud conviction will vary depending on: The jurisdiction; The severity of the fraud; The person or entity that was a victim of the fraud; and. The amount of money or property lost as a result of the fraud.

Why is it important to keep records of fraud?

It is important to keep records of any and all losses that resulted from the fraud. This may be especially important where restitution is a possible penalty. It is also important to consult with an attorney to determine if an individual will be able to pursue a civil fraud case as well as the criminal fraud case.

What is the basic component of all types of fraud?

The basic component of all types of fraud is that criminal fraud occurs when: An individual lies or conceals a material truth; and. Another party or entity justifiably relies on that false information; and. That party suffers an injury based on their reliance. There are several elements of criminal fraud.

What Type Of Lawyer To Use In A Fraud Case

What type of lawyer is needed to handle a fraud situation in which the defendant misrepresented factual information in a document or a non-business related fraud?

Re: What Type Of Lawyer Do I Need For This?

For the love of God, just say what happened - without naming names - and someone may be able to point you in the right direction.

Re: What Type Of Lawyer To Use In A Fraud Case

In short, you need to hire an attorney competent in the underlying type of law...

Re: What Type Of Lawyer To Use In A Fraud Case

Join our forum and ask a legal question for free, or to participate in discussions. Our forum includes lawyers, employment, insurance, tax and real estate professionals, law enforcement officers, and many other people with specialized knowledge, in addition to participation by interested laypersons.

What is bank fraud?

Bank fraud is a crime that must be done knowingly. In order to find a person guilty of such a crime the prosecution must prove that the defendant conducted the crime with knowledge. Here is a simple example to illustrate whether or not an individual knowingly participated in a bank fraud crime:

What are the different types of bank fraud?

There are several different types of bank fraud, including, but not limited to the following: 1 Check Theft: this can occur when someone, for example, steals checks from another’s mailbox. 2 Counterfeiting: this happens when someone makes fake money or credit cards and attempts to present them as a real form of currency or credit. 3 Direct Deposit Fraud: these types of scams target company’s human resources departments and/or individuals with direct deposit accounts and encourage them to switch to a fictitious other bank account. 4 Forgery: occurs when one falsifies the signature of another. 5 Identity Theft: most often occurs online by cybercriminals and is prevalent in our country as well as globally. It can occur to anyone and once it does it can be difficult to regain one’s identity. 6 Payment Fraud: can include unauthorized transactions, stolen goods or fraudulent returns of merchandise.

Why do victims fall prey to bank fraud?

The victim falls prey to believe the information that the bank fraudster is conveying because the fraudster often has just enough information to convince folks that they are legitimate. Victims, unwittingly, give out sensitive information that promotes the bank fraudster’s criminal activities.

How does fraud occur in banking?

Under federal law, bank fraud can occur when someone either illegally obtains funds from a financial institution through deception or attempts to illegally gain access to such assets. The funds or assets can be owned by the bank or can be held by the financial institution on behalf of an individual or company.

How long can you be in jail for bank fraud?

Under the federal law, a person convicted of bank fraud can be ordered to pay a fine of up to $1,000,000 or imprisoned for up to 30 years. In severe cases the court can impose both a fine and jail time.

What is identity theft?

Identity Theft: most often occurs online by cybercriminals and is prevalent in our country as well as globally. It can occur to anyone and once it does it can be difficult to regain one’s identity. Payment Fraud: can include unauthorized transactions, stolen goods or fraudulent returns of merchandise.

What to do if you receive a phone call from a bank?

If you receive a phone call, ask the individual for their name. If they hang up, it is a good indication that it was not a legitimate call. It is always a good idea to follow up with your financial institution and let them know you were contacted by someone purporting to be from their bank.

Who can consult with constitutional lawyers?

People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Do lawyers handle different types of cases?

There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.

Can a lawyer work in a law firm?

Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.