Defending against bank fraud charges

In a world of increasingly sophisticated technology, and despite the fact that banks take many precautions to safeguard their assets, charges of bank fraud are still common. In response, law enforcement has become more aggressive than ever, applying significant resources to catch suspected thieves. Bank fraud is best defined as a form of theft or deception in which assets owned by a bank are stolen or attempted to be stolen under the guise of false pretenses. Types of bank fraud can take on many forms, including counterfeiting, credit card fraud, ATM thefts, forgery, embezzlement, mortgage fraud and others. Although a person may be charged with bank fraud, the good news is that it does not make them automatically guilty. Bank fraud cases can be incredibly complex, and that means following a forensic accounting trail can turn up many things that could work in a person’s favor. Doing this type of work means that it’s imperative that a defendant retains a well-known and successful attorney who specializes in this kind of case as soon as they suspect they will be charged. Part of this will depend on whether or not a person is going to be accused of a state-level crime or a federal crime. Because the banking system is interconnected throughout the country and throughout the world, many crimes cross state borders and banks are therefore protected by federal statutes. The key to mounting a good defense is understanding that a bank is primarily concerned with recovering their assets. Knowing... Read More

Common traits of the best attorneys

Searching for a lawyer when you need one is more than likely something you haven’t had to do before. Much like the court system itself, the process can be intimidating, and if you make the wrong choice, the results could spell disaster for you. Before you start your search, here are a few things to consider when trying to retain the best attorney for your situation. Experience. You cannot afford to take chances with your case, and that means hiring somebody who not only has been practicing law for several years but also someone who has direct experience with similar cases. Negotiating skills. While some cases go to trial, the vast majority are settled long before anyone steps foot in a courtroom. Often, the ability to cut the right deal for a client not only saves time and money, but it can also save in penalties, the length of sentence and other negative impacts on a person’s life. Communication. Much like the bedside manner of a doctor, the best attorneys will be effective communicators. Being excellent communicators means they can not only handle themselves well in front of a judge and jury, but they will also take the time to explain the processes to you in a way that eases your fears and reduces your anxiety. Reputation. An excellent attorney will be well known in legal circles and have a track record that he and his peers can point to. This reputation can work in your favor if the attorney... Read More

What are the differences between state and federal crimes?

If you’ve been charged with a crime, one of the first things you need to consider when searching for legal representation is whether you’ve been accused of a state-level crime or a federal level crime. Depending on the charge, both can carry grave implications for you, but how you mount a defense strategy may be quite different depending on which court system you will be tried in. Some attorneys have experience at both levels, but generally, it is best to find one that has the bulk of their expertise in the system where you will be tried. Most types of crimes are clear cut when it comes to which system will handle the case. If a crime is committed in a single state, it will be considered a state-level crime, unless federal laws override it. In many instances it could go either way, a “Supremacy Clause” kicks in, giving federal law precedence over state law. Some examples of state-level crimes can be burglary, assault, murder, robbery, among many others. Crimes that take place in multiple states or that are designated as federal crimes include acts such as tax fraud and IRS violations, mail fraud, drug trafficking, counterfeiting or immigration-related offenses. One of the most important aspects of being charged with a state-level crime versus a federal level crime is how penalties are determined if you are convicted. Judges have a certain degree of discretion and can take many factors into consideration when determining the length of a prison sentence or... Read More