Coral Gables Bank Fraud Lawyers: Defending Clients Against Financial Crimes

Bank fraud is a serious financial crime that can lead to severe penalties, including hefty fines and years in federal prison. If you or a loved one is under investigation or has been charged with bank fraud in Coral Gables, Florida, having an experienced defense attorney on your side is crucial. As former federal prosecutors and financial crimes defense attorneys, the lawyers at our Coral Gables firm understand the complex banking regulations and criminal statutes involved in these cases. We have successfully defended business owners, executives, bankers, accountants, lawyers, and everyday people against allegations of bank fraud and other white collar crimes for over 20 years.

An Overview of Bank Fraud Charges

Under federal law, bank fraud is when someone intentionally tries to obtain money or property from a bank or other financial institution through fraudulent means. Common bank fraud schemes include check fraud, mortgage fraud, credit card fraud, wire fraud, embezzlement, identity theft, forgery, filing false loan applications or financial statements, creating fake companies or accounts, moving money between accounts to hide sources, and using someone else’s banking information without authorization.

Bank fraud charges can lead to staggering penalties. Under federal sentencing guidelines, prison sentences for bank fraud convictions often fall between 30 to 80 months. Fines start at $1 million for individual defendants and $5 million for corporate defendants. Restitution to the victim banks is almost always ordered as well. With so much at stake, having an aggressive defense is paramount.

Why Choose Our Coral Gables Bank Fraud Lawyers?

Our award-winning attorneys offer personalized attention and compassion to each client we represent. We know people make mistakes, and even successful businesspeople and professionals can find themselves caught up in financial crimes due to greed, mistakes, or being taken advantage of by others. We fight to protect our clients’ futures.

Collectively, our legal team has over 100 years defending bank fraud cases and other white collar crimes in South Florida and nationally. We have achieved outstanding results for many clients facing 20, 30 years or more in prison. Where possible, we aim to have charges reduced or dismissed pre-trial. When necessary, we take cases to trial and win full acquittals for our clients.

Bank Fraud Defenses We Utilize

Skilled bank fraud lawyers know how to analyze the prosecution’s case to find weaknesses that can be exploited to build a strong defense. Some of the defenses we commonly employ include:

No criminal intent. For any fraud charge, prosecutors must prove you knowingly and intentionally meant to deceive the bank or carry out a scheme. If your actions were a mistake, done by someone else without your knowledge, or there was no intent to cause harm, we can fight the charges.

You were the victim of identity theft or a scam. Scammers often use stolen personal information to open fraudulent accounts or take out loans under someone else’s name. If you discover you are the victim of identity theft resulting in bank fraud, let your lawyer handle reporting it to limit further losses.

Illegal search and seizure. If evidence was obtained improperly by police through an invalid warrant or illegal search, the evidence can be suppressed. Without evidence, the prosecution’s case will collapse.

Statute of limitations expired. For federal bank fraud charges, prosecutors have 10 years to indict after the alleged crime occurred. If the statute of limitations ran out before charges were filed, we can challenge the validity of the charges entirely.

Lack of jurisdiction. Federal bank fraud charges can only be brought if the financial institution involved was federally insured, a federally chartered bank, or the scheme used interstate wires like phones/internet. If the prosecution lacks federal jurisdiction, the charges can be dismissed.

You were entrapped. Law enforcement cannot induce or coerce someone into committing a crime then prosecute them for it. An entrapment defense may succeed if police or informants improperly pushed you into bank fraud.

Our Step-By-Step Representation in Bank Fraud Cases

Every bank fraud case is unique, but our defense approach includes key steps:

1. Thorough investigation. We dig deep into the facts surrounding your charges, obtain and scrutinize prosecution evidence for irregularities, talk to witnesses, and build the strongest arguments to fight the charges.

2. Negotiate with prosecutors. We engage prosecutors early on to try having charges reduced or dismissed. Over 90% of federal cases end in guilty pleas, but fewer than 3% of our clients plead guilty. We take cases to trial if necessary.

3. File motions to suppress evidence or dismiss the case. Where there are legal grounds to challenge evidence or jurisdiction, we file motions to remove damaging evidence or have charges thrown out pre-trial. Getting charges dismissed avoids a risky trial.

4. Utilize experts. For document-heavy financial crimes cases, we consult banking experts, forensic accountants, handwriting analysts, and other specialists to analyze records and challenge the prosecution’s evidence and arguments.

5. Explore alternatives to incarceration. If conviction seems likely, we fight for alternatives to prison like house arrest, community service, restitution instead of prison time, rehabilitation programs, or deferred prosecution agreements.

6. Trial. When plea offers are not acceptable or could ruin the client’s life, we take the case to trial. Our lawyers have decades of litigation experience and success convincing judges and juries that clients should be acquitted.

Why Delay is Dangerous

The stakes are tremendously high in federal bank fraud cases. The experienced Miami bank fraud lawyers at our firm know that time is of the essence in building an effective, proactive defense. We start fighting for our clients immediately by:

• Having you call us before speaking to police or prosecutors. We can often intervene early to prevent charges from being filed.
• Conducting our own investigation into the facts. Memories fade and evidence can disappear over time.
• Requesting evidence from prosecutors and filing motions quickly to suppress damaging evidence before trial deadlines.
• Negotiating with prosecutors to have charges dropped or reduced at the earliest opportunity.
• Assembling a defense team of investigators, experts, and others to analyze records and challenge the prosecution’s version of events.

We have successfully defended bankers, business owners, accountants, lawyers, doctors, and everyday people against complex bank fraud charges in Miami, Fort Lauderdale, West Palm Beach, and across Florida. Our firm offers an initial consultation to discuss your bank fraud case at no charge. Contact our Coral Gables criminal defense lawyers online or call 305-444-0011 to schedule a confidential case review today.