California Bank Fraud

Bank Fraud

If you have been arrested or are being investigated for bank fraud, it is essential that you contact an experienced bank fraud lawyer as soon as possible. Waiting to hire a bank fraud lawyer will only allow investigators or prosecutors to get a head start on gathering evidence against you. Bank fraud is a federal crime and a very serious matter. At the Law Offices of Michael Berg, our experienced bank fraud lawyer in California will ensure that your rights are protected.

Contact our attorneys for a free and confidential consultation.


What Is Bank Fraud?

Bank frauds can take in many forms, but it is generally committed when a person provides false information to a bank. This can include false information regarding income or the value of assets listed on a home loan or other signed document. In most cases of bank frauds, a person is accused of identity theft or other unauthorized use of someone else’s bank account. The main element of bank fraud is the intention to deceive. Examples of the fraud can include any of the following:

  • making a false statement for personal gain
  • assuming a false identity (identity theft)
  • deceiving the bank
  • check fraud
  • bribery
  • ATM fraud
  • check forgery
  • use of counterfeit checks
  • embezzlement


Federal Law

Bank fraud is a federal offense and is tried in a federal court in California. Under 18 USC § 1344, a person commits the crime when he or she “knowingly executes, or attempts to execute, a scheme or artifice:

  • to defraud a financial institution; or
  • to obtain any of the moneys, funds, credits, assets, securities or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises.”

The crime of making a false statement to a financial institution is closely related to bank fraud and is often used to prosecute people for making misrepresentations to a bank. Under 18 USC § 1014, it is a federal crime for a person to knowingly make a false statement (or overvalue any property) for the purpose of influencing in anyway, the action of a financial institution.


Penalties For Bank Fraud

Under federal law, conviction for bank fraud can result in any of the following penalties:

  • a fine of not more than $1,000,000
  • imprisonment for not more than 30 years
  • probation
  • parole
  • community service requirement
  • permanent entry on a person’s criminal record

In addition, a felony conviction can seriously affect a person’s future employment opportunities, voting rights, and approval for financial loans. In cases where the person is a repeat offender (has two or more similar fraud offenses), the court will most likely assess additional fines and an extended sentence upon conviction. It is also a crime to be associated with bank fraud. If someone assisted, covered up, or helped another commit the crime, that person has also violated the law and can be prosecuted.


California Bank Fraud Lawyer

If you have been arrested or are under investigation for bank fraud, call the Law Offices of Michael Berg immediately. Conviction for bank fraud can result in harsh consequences and it is extremely important to have an experienced federal crimes attorney represent you. At the Law Offices of Michael Berg, our attorneys are dedicated to protecting your rights and providing you with the best defense available. Call us today for a free initial consultation.