NJ Fraud Defense Lawyers
One type of fraud is check fraud. This involves forging signatures on checks and general checks. It also includes any instances in which people alter legitimate checks. A person may commit identity fraud by using a false identity to collect a check payment. People who commit identity theft or check fraud may face fines of up to one million dollars and prison sentences of up to 30 years.
Mail and wire fraud are two other types of fraud. To be convicted of this type of fraud, the prosecution must prove that the individual intentionally schemed to commit fraud. Wire fraud always occurs across state lines, while mail fraud may remain local. With the invention of so many new methods of communication, federal investigators almost always use mail and wire fraud as a catchall.
If you commit an act of fraud through the internet, over the telephone, over email, through a cell phone conversation, or through the regular mail service, you can be charged with mail and wire fraud.
Mortgage fraud may be investigated when a person provides fraudulent information regarding their mortgage application. They may lie about or omit important information so that they can qualify for a better interest rate. It’s common for people who commit mortgage fraud to be charged with mail fraud and bank fraud as well.
If a person overstates how much they make, they have committed income fraud. The same is true if a person borrows money from another individual so that their bank statement looks larger than it usually is. Appraisal fraud occurs when a person tries to understate or overstate how valuable a property is. Fraudulent disclosure occurs when a person doesn’t disclose their debts and liabilities, when a person lies about their employment status, or when a person otherwise gives false information regarding their financial status.
Medicare fraud is another serious allegation. There are several statutes that govern the regulation of healthcare payments. If a person violates a statute, they may be subject to serious penalties.
One type of fraud is in the use of anti-kickback laws. These laws prohibit people to receive payments or favors to refer patients to programs, treatments, or medications that will be paid through Medicaid and Medicare. Anything from bribes to gifts to payment waivers can be considered a kickback.
These laws have been invoked in many complicated cases. They have been used even in cases where the “reward” the healthcare provider got for the referral was not monetary.
If a person is accused of fraud through the False Claims Act, they have presented false claims to be paid by the US government. The conduct must have been intentional rather than being reckless or misguided. If a company files false claims to receive product compensation, they may be involved with an investigation.
Securities fraud is another type of fraud that often occurs. People may be investigated by the SEC because of insider trading, self-reporting, whistle blowers, risk based investigating, and other white collar concerns. Where SEC investigations are concerned, people are expected to be completely compliant in reporting misconduct. There is no room to be untruthful or to hide information.
When a person is accused of securities fraud, they need to contact a lawyer immediately. It’s important to have a defense prepared before the government is ready to pursue its case.
Penalties for Fraud
If you are convicted of fraud, you may be convicted of either a misdemeanor or felony. The potential penalties vary widely depending on the circumstances of the case. However, there are some basic guidelines.
Being convicted of fraud means that you may be sentenced to prison or jail time. Misdemeanors have jail sentences of up to a year, and felonies have prison sentences of at least a year.
A fraud conviction can also lead to probation. People on probation don’t have to go to prison, but they have limited freedoms and must report to a probation officer.
You may also be subject to massive fines.