Bank Fraud Defense Lawyer

Get legal help from a bank fraud defense lawyer at Bannister, Wyatt & Stalvey, LLC. Our attorneys represent people charged with federal and state bank fraud. We aggressively fight the charges against you, protecting your freedom, professional reputation, and future. Call (864) 298-0084 for immediate legal help.

Lawyer for Bank Fraud Charges

Our Greenville criminal defense lawyers can counsel and defend you if you are facing accusations of bank fraud.

We provide relentless representation for people under investigation or charged with bank fraud.

Whether you are charged under U.S. federal law or South Carolina law, we capably and fully defend the charges against you.

To see how we can help you and get immediate legal representation, contact us now.

What Is Bank Fraud?

18 U.S. Code § 1344 criminalizes bank fraud under United States Law. A person is guilty of bank fraud if they:

  • Knowingly defraud a financial institution
  • Obtain money, funds, or other assets of a financial institution or assets under the control of a financial institution using false or fraudulent pretenses or promises

See Shaw v. United States, 580 U.S. __(2016), 137 S.Ct. 462 (interpreting the federal bank fraud law to say that actual financial loss or intent to cause financial loss to the bank is not required).

In addition to 18 U.S. Code § 1344, the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 provides additional supervision and enforcement authority for banking activity.

Penalties and Jail for Bank Fraud

Potential penalties for a violation of 18 U.S. Code § 1344 include:

  • Fine up to $1,000,000
  • 30 years in prison
  • Supervised release
  • Restitution

In addition, you may be subject to civil forfeiture of assets, immigration consequences, actions against your professional license, and a permanent criminal record. Our bank fraud defense lawyers can explain the potential consequences in your specific circumstance.

Federal and South Carolina State Bank Fraud Charges

You may be charged with bank fraud federally or under South Carolina law. S.C. Code of Laws Title 34, Chapter 11 criminalizes bank fraud on a state level.

What is theft by a bank examiner?

Theft by a bank examiner is a violation of 18 U.S. Code § 655. This type of theft occurs when a bank examiner or assistant examiner steals, unlawfully takes, or conceals money, notes, drafts, bonds, securities, or other property belonging to a bank or banking institution or from any safe deposit box in or adjacent to the bank. The provision applies specifically when the bank is a member of the Federal Reserve System and insured by the Federal Deposit Insurance Corporation or operates under certain sections of the Federal Reserve Act.

Penalties for theft by bank examiner may include up to five years imprisonment and a fine. If the amount involved is $1,000 or less, the maximum penalty is one year in jail and a fine. A person convicted is disqualified from being a national bank examiner or FDIC examiner.

Examples of Bank Fraud

Examples of bank fraud include:

  • Accounting fraud, including tampering with records, inflating information, or providing false information
  • Fraudulent documents, forgery, identity theft
  • Credit card fraud
  • Unlawfully accessing and removing account funds
  • Loan application fraud, including false information to secure a loan, concealing theft through false loan documents
  • Demand draft fraud, usually involving employees
  • Uninsured deposits
  • Counting money twice, making funds insufficient to cover a withdraw
  • Fake or fraudulent ATM activity
  • Prime bank fraud, based on vague or false claims and fake instruments
  • Unauthorized trading
  • Wire transfer fraud, using fake or fraudulent documents

Banking activity can be complex, and there are many ways that bank fraud may occur.

Defenses to Bank Fraud Charges

Defenses to bank fraud may include:

  • You did not act knowingly; there is a lack of intent
  • You didn’t take any actions to defraud anyone
  • There is an innocent explanation for your actions
  • You didn’t want to defraud anyone or unlawfully access funds
  • Jurisdictional defenses where the government doesn’t have jurisdiction over the case based on where the actions occurred
  • Mistaken identity where you did not do the acts; someone else is responsible
  • Duress wherein you acted under threats of harm or realistic danger
  • Statute of limitations where too much time has passed
  • Good faith wherein you may have exaggerated something, but you didn’t intentionally defraud
  • Acting under orders where a superior directed you to act a certain way
  • Lack of capacity wherein you didn’t have access or the skills needed to commit fraud
  • Entrapment, other law enforcement misconduct where law enforcement enticed you to commit the acts or they otherwise violated your rights
  • Consent where the alleged victim consented to the activity

It can be challenging for the government to prove a case because the offender must act knowingly. You don’t have to prove your innocence; the government has the burden of proof against you. As your lawyers, we aggressively challenge the state’s case, asserting defenses that may be available to you.

What penalties will I face if convicted of bank fraud?

Simply being charged with bank fraud is not a conviction. You have a right to defend yourself, including requesting a trial. If the charges are dismissed or if you are found not guilty at trial, you are not convicted and there is no sentence. If you are convicted, there are advisory guidelines. It isn’t mandatory that the court directly follow these guidelines, but they may provide some indication of the penalties you are facing.

Factors in sentencing for bank fraud include the circumstances of the crime, the amount involved, the severity of the crime, your criminal history, and other principles of fairness. We work to minimize the potential penalties you may be facing by aggressively defending the charges against you.

You Need a Bank Fraud Defense Lawyer

The time to contact a bank fraud defense lawyer is as soon as you suspect that you are under investigation. Our representation begins right away. Don’t talk to law enforcement without talking to us first.

Consultations Available – Taking New Cases

Our bank fraud defense lawyers are taking new cases. Contact Bannister, Wyatt & Stalvey, LLC now.

Why Choose Bannister, Wyatt & Stalvey Law Firm?

With the experience to address complex family law, criminal defense, and real estate matters, our knowledgeable team of attorneys are here to advocate for you. We operate our law offices on three main principles:

trust

Trust.

We strive to establish personal trust with each and every client.
integrity

Integrity

We operate with the utmost integrity when dealing with clients and the legal community.
excellence

Excellence

We commit to excellence in all aspects of the legal profession.

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