Defending against bank fraud charges

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 the bank’s primary objective gives the defense team leverage in that when assets can be returned and a bank made whole again, prosecutors are more likely to want to negotiate with a defendant, striking a deal that could reduce or possibly eliminate fines and prison time.

Decker & Jones serves clients in Denver, Golden and communities throughout Jefferson County, Colorado.