Facing Fraud Charges?

If you’ve been charged with fraud, you could be facing some serious legal consequences.  Having an experienced criminal defense attorney on your side can make a notable difference in the outcome of your case.

Examples of Felony Fraud 

Using false information of any kind in order to achieve financial gain may result in a felony charge related to fraud. That includes submitting false information on applications, using a false identity, false marketing, or other falsifications.  It may occur over the phone, face-to-face or online, and could involve individuals, insurance companies, or businesses.  Examples include:

• Pyramid and Ponzi schemes;
• Tax evasion;
• Insurance fraud;
• Telemarketing fraud;
• Workers’ compensation fraud.
• Counterfeiting;
• Bankruptcy fraud;
• Credit card fraud;
• Medicaid fraud;
• Mail fraud;
• Embezzlement;
• Identity theft;
• Insider trading;
• Racketeering;
• Wire fraud.

Penalties for Fraud in Nevada 

Depending on the type of fraud, a defendant may face a variety of legal consequences if convicted, including:

• Restitution payments to the victim;
• Attorney’s fees and other associated costs of the victim;
• Civil actions brought by the victim;
• Imprisonment for as much as several decades.

Defending Against Fraud Charges

There are a number of approaches an experienced attorney may take in defending against charges of fraud.  A prosecutor will have the burden of proof in establishing that fraud has truly been committed.  Coming up with sufficient evidence to support such a claim may not be easy.  Additionally, the reliability of the evidence provided may be called into question.

Furthermore, intent is at the essence of fraud.  A prosecutor will have to prove that any actions by the defendant were not accidental.  To be sure, statements that are misleading are not necessarily fraudulent.  If the statements are just opinions, or if they are commitments to do something at a later time, they do not necessarily constitute fraud.

Finally, if it can be demonstrated that the defendant was induced to commit the chicanery by a government entity, and would otherwise not have been involved in criminal activity, an entrapment defense may be appropriate.  Such a defense relies on two key components:

• A lack of predisposition to commit a crime on the part of the defendant;
• Government enticement to participate in criminal activity.

Of those factors, the former is by far the most important.  A defense attorney will be required to prove that the defendant was an unsuspecting and gullible pawn, as opposed to someone with a criminal mindset who happened to come upon an opportunity to commit a crime.

Your Legal Advocate 

At Lobo Law, our Las Vegas white collar crime lawyers believe every defendant deserves a quality defense.  Our goal is to keep your record unsoiled, keep you out of jail, and minimize any financial consequences of your charges.  The best way to do that is to get your charges reduced, or, in the best-case scenario, dismissed all together.  For a strong, personalized defense, contact our legal team today.

Resources:

justice.gov/usam/criminal-resource-manual-645-entrapment-elements

ag.nv.gov/About/Criminal_Justice/Fraud/