El Paso Bank Fraud Attorney

Bank Fraud and Identity Theft

Bank fraud often goes hand-in-hand with identity theft, which occurs when a party uses another individual’s personal identifying information, without permission to defraud a financial institution. In Texas, identity theft can be charged as a state jail felony, or felony of the third, second or first degree, depending on the circumstances. If the defendant has a prior felony conviction or the victim was an elderly person, the penalties may be increased.

Ultimately, these charges should be taken very seriously. If you have been accused of bank fraud, it is crucial to have the advice and guidance of the experienced white collar crimes attorneys at Benjamin Law Firm. Although prosecutors have an unfair advantage over defendants, we know how to fight back. Our legal team will identify and exploit weakness in the government’s case, challenge any and all evidence, and mount an aggressive defense. 

Other Bank Fraud-Related Crimes

Federal bank fraud charges are often accompanied by charges for other federal financial crimes such as:

• Attempt and conspiracy to commit fraud – Attempting or conspiring to commit bank fraud is treated the same way as committing the offense in terms of fines and penalties, regardless of whether the attempt was successful.
• Laundering of monetary instruments – Knowingly conducting or attempting to conduct a financial transaction with the proceeds of unlawful activity and concealing the source of those funds is known as money laundering. A conviction is punishable by up to 20 years in prison and a fine of the greater of $500,000 or two times the value of the funds involved.
• Engaging in monetary transactions with property derived from unlawful activity — Engaging or attempting to engage in a transaction with money or property derived from unlawful activity is punishable by up to 10 years in prison and fines of up to $100,000.
   
• Transportation of stolen goods or money used in counterfeiting — Knowingly transporting, transmitting or transferring any funds or fraudulent documents (e.g. fake checks) that were produced by unlawful activity is punishable by up to 10 years in prison and fines of up to $100,000.

Because federal prosecutors look to “stack” such charges in bank fraud cases to improve their chances of securing a conviction, it takes a skilled white collar crimes defense attorney to protect your rights. When you work with Benjamin Law Firm, you can rest assured we will vigorously defend you against the government’s tactics.

Bank Fraud Investigations in the State of Texas

Investigating bank fraud at the federal level involves a variety of federal agencies, often working in conjunction with the financial institutions and bank employees. Under the Electronic Fund Transfer Act (EFTA), for example, banks are required to promptly investigate cases of credit card and debit card fraud and notify the cardholder of the results of the investigation. 

In addition, banks have an obligation to notify the appropriate authorities of any instances of alleged fraud. Federal agencies that are typically involved in enforcing these crimes include:

• Federal Bureau of Investigation (FBI)
• Department of Justice (DOJ)
• Financial Crimes Enforcement Network (FinCEN)
• Internal Revenue Service Criminal Investigations (IRS-CI)
• Board of Governors of the Federal Reserve System
• Department of Homeland Security (DHS)
• Department of Treasury (DOT)
• Department of Defense (DOD)
• Government Accountability Office (GAO)
• National Credit Union Administration (NCUA)
• Office of Foreign Asset Control (OFAC)

If you are being investigated for bank fraud in Texas, you should never go up against the federal government on your own. Instead, turn to the dedicated white collar crimes defense attorneys at Benjamin Law Firm. We have the skills and determination to go up against federal prosecutors and will work tirelessly to protect your rights. 

Possible Defenses Against Bank Fraud In Texas

At Benjamin Law Firm, we have the knowledge and experience to raise any and all defenses against bank fraud, including:

• Lack of Intent — Generally, in many fraud cases the government must be able to show that the defendant intended to commit fraud. This does not apply to bank fraud, however, due to a 2016 U.S. Supreme Court ruling that held the applicable federal law does not require the government to prove intent to gain a bank fraud conviction (Shaw v. United States).
• Lack of Evidence — Because bank fraud cases typically involve vast amounts of financial data, it may be possible to point out flaws in the government’s case. We will also ascertain whether the government misused its broad surveillance powers or violated your rights; if it did overstep, we will move to have any evidence suppressed. 
• Duress — In rare circumstances, bank fraud may occur under duress, which may involve threats of physical or financial harm against you or a loved one. 

Ultimately, successfully defense against bank fraud charges requires extensive preparation and exceptional courtroom skills.  At Benjamin Law Firm, we provide a powerful combination of financial acumen, legal knowledge, and aggressive representation. Our objective is to win an acquittal, have the case against you dismissed, or seek alternative sentencing. Above all, we will always put your best interests first and never stop fighting for you.

How Benjamin Law Firm Can Help

Although many attorneys are capable of handling state-level forgery and bank fraud cases, defending federal crimes and accompanying civil claims is more challenging. The federal government has vast financial resources and often collects mountains of evidence in cases even before charges are filed. You need a white collar crimes attorney with the experience and determination to go up against federal prosecutors.

At Benjamin Law Firm, we are well-versed in the federal rules of criminal procedure and have a proven history of achieving successful outcomes in federal bank fraud cases. When you become our client, we will work to:

• Conduct a through investigation
• Handle all court filings
• Challenge the evidence against you
• Identify weaknesses and errors in the government’s case
• File motions to suppress evidence
• Present evidence of your innocence
• Vigorously defend you at trial
• Enter into plea negotiations when necessary

While you may not have any experience dealing with the criminal justice system, you can rest assured that we will guide you through the process. We encourage your participation in your case and are readily available to respond to your questions and concerns. While we are committed to winning an acquittal, we may seek to have the charges and penalties reduced, depending on the facts of your case. When you come to Benjamin Law Firm, we will provide you with trustworthy advice and objective insights so that you can make the best decisions about your future.