Naples Fraud Defense Lawyers
At Foley & Wilson Law Firm, we bring over 45 years of experience and expertise in federal criminal law, honed from our background as former federal prosecutors, to the complex arena of federal fraud charges. We understand the intricacies of federal fraud statutes and are dedicated to offering our clients the highest level of professional representation. Conviction for fraud offenses can be costly both in terms of financial penalties (fines, restitution, asset seizure and forfeiture) and prison sentences, which can include decades in a federal penitentiary. Fraud crimes are thoroughly investigated and vigorously prosecuted by several different government agencies. As soon as you learn of a fraud investigation that might implicate you, that is the time to secure strong and effective legal advice and representation. Contact our experienced Naples fraud defense lawyers today.
The Gravity of Federal Fraud Allegations
Federal fraud charges encompass a range of criminal activities, each defined by specific statutes. These include Mail Fraud, Wire Fraud, Tax Fraud, Bank Fraud, and Government Fraud. Such allegations are serious and can lead to significant legal consequences. Federal officers might spend months or years building their cases before they seek charges, and by then the evidence they have amassed is considerable. The experienced and dedicated Naples fraud defense lawyers at Foley & Wilson Law Firm can help you take on this juggernaut. Call our office for help with any federal fraud charges, including the following:
Mail Fraud, codified under 18 U.S.C. § 1341, is a federal offense involving the use of the postal system in furtherance of a fraudulent scheme. To secure a conviction, the prosecution must establish:
- The Execution of a Scheme to Defraud: There must be a plan intended to deceive others, typically for personal financial gain.
- Use of the Mails: The scheme involves sending or receiving something by mail.
- Intent to Defraud: The defendant knowingly and willfully participated in the fraudulent scheme.
Conviction for Mail Fraud can result in up to 20 years in federal prison, plus fines and restitution. Common defenses include lack of intent to defraud and absence of a scheme to defraud.
Wire Fraud, under 18 U.S.C. § 1343, is similar to Mail Fraud but involves electronic communications. The prosecution must prove:
- Existence of a Scheme to Defraud: Similar to Mail Fraud, a plan to deceive for financial gain.
- Use of Interstate Wire Communications: The scheme is furthered through phone calls, emails, or other electronic communications.
- Intent to Defraud: The defendant knowingly participated in the scheme.
Penalties include up to 20 years in prison, fines, and restitution. Defenses often focus on challenging the intent or the existence of a fraudulent scheme.
Tax Fraud involves willful attempts to evade tax laws or defraud the IRS, as outlined in various statutes including 26 U.S.C. § 7201. Key elements are:
- Willful Evasion of Taxes: Deliberate underreporting or non-payment of taxes.
- Material Misrepresentation: Providing false information to the IRS.
- Fraudulent Intent: The defendant knowingly aimed to violate tax laws.
Convictions may result in imprisonment, fines, and repayment of taxes with penalties. Defenses can include a lack of fraudulent intent or errors made in good faith.
Bank Fraud, governed by 18 U.S.C. § 1344, targets fraud against financial institutions, including writing bad checks, check kiting, printing fake cashier’s checks, and certifying false documents or false information to secure a loan. Elements of the crime of bank fraud include:
- Scheme to Defraud a Financial Institution: Plans aimed at deceiving a bank or similar entity.
- Material Misrepresentations: Providing false information or documentation.
- Intent to Defraud: The defendant knowingly engaged in the fraudulent scheme.
Penalties can involve lengthy prison sentences, hefty fines, and restitution. Defenses typically challenge the intent or the existence of a fraudulent scheme.
Government Fraud involves defrauding governmental agencies or programs, including entitlement programs such as Medicare, Social Security, and public housing programs, as well as educational programs, federal government contracting, defense procurement, and more. Essential elements required to prove government fraud include:
- Fraudulent Scheme Targeting a Government Entity: Deceptive practices aimed at a government body.
- Material Misrepresentation or False Claims: Providing false information or making false claims.
- Intent to Defraud: A knowing participation in the fraudulent activities.
Conviction for government fraud can result in severe penalties, including prison time, fines, and restitution. Common defenses include challenging the intent or the veracity of the alleged fraudulent activities.
Foley & Wilson Law Firm: Your Defense Against Federal Fraud Charges in Naples, Florida
At Foley & Wilson Law Firm, our profound understanding of federal fraud statutes, coupled with our experience as former federal prosecutors, positions us uniquely to provide effective defense strategies. We treat our clients with dignity and respect, understanding the gravity of the accusations they face. Moreover, we are committed to offering a high degree of skill and professionalism. Our team diligently works to understand every aspect of your case, crafting a defense strategy tailored to your unique circumstances.
If you are facing federal fraud charges in Naples, Florida, contact Foley & Wilson Law Firm today. We are here to protect your rights and guide you through this challenging time with expertise and compassion.