It is easier than you might think to find yourself facing federal bank fraud charges, even if you did not intend to do anything wrong. The problem with fraud cases is that a prosecutor must prove that you were knowingly trying to defraud a financial institution - when you may have in fact have unknowingly made a mistake on some paperwork. Facing federal charges is a frightening experience. You may be afraid of long prison terms, asset forfeiture, and loss of a career or your reputation in the community. These fears are reasonable. It is important that you are represented by an experienced attorney during any federal criminal proceeding.
What Are Some Defenses to Bank Fraud?
To convict you of federal bank fraud, the government will have to show that you knowingly defrauded or attempted to defraud a bank or obtained or tried to obtain assets from a financial institution through fraudulent means. The operative word is “knowingly.” Forgetting to list an old debt on a loan application, or absentmindedly writing your nickname on an official form could be construed as attempts at fraud, despite being inadvertent, if careless, mistakes.
The most common defenses to federal bank fraud are based around a lack of intent. It is impossible to prove with certainty what was going on inside your head at the time you performed the act that allegedly constituted fraud. However, that is often the issue a bank fraud trial is decided based on. It may take the skill of an experienced attorney to successfully raise intent-based defenses, as there is often little evidence beyond your own statements.
...