MESA PHOENIX MORTGAGE/BANK FRAUD DEFENSE ATTORNEY

The Fraud Enforcement and Recovery Act of 2009 (FERA) amended the definition of “financial institution” found at 18 U.S.C. § 20 to include private mortgage businesses.  FERA also changed 18 U.S.C. § 1014, the False Statement in Mortgage Applications Statute, to make it a crime to make a materially false statement or to willfully overvalue a property in order to influence any action by a mortgage lending business.  Finally, FERA amended 18 U.S.C. § 1031 (Major Fraud against the U.S. Statute), 18 U.S.C. § 1348 (Federal Securities Statute), and 18 U.S.C. §§ 1956 and 1957 (Federal Money Laundering Statute).   

 

18 U.S.C. §1344 describes bank fraud broadly as a person who knowingly does or attempts to do a scheme or artifice to defraud a financial institution or obtain any money, funds, credits, assets, securities, or other property of any kind owned by or under the custody or control of a financial institution using false or fraudulent pretenses, representations, or promises.  A person convicted of bank fraud is fined not more than $1,000,000.00 or imprisoned not more than 30 years, or both.

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DEFENSES FOR MORTGAGE OR BANK FRAUD CHARGES

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A charge of residential mortgage fraud or bank fraud is very complex factually and legally and may subject you to a double whammy of criminal prosecution and civil litigation.  Lisa is an intelligent, detail-oriented defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:

 

• Act described is not mortgage or bank fraud:  The act described in the indictment may not fit the statutory definition of mortgage or bank fraud.

 

• Lack of intent:  You may not have the intent required to prove mortgage or bank fraud.

 

• Lack of materiality of falsehood:  The falsehood may lack the materiality needed to prove bank fraud beyond a reasonable doubt.

 

• Unaware that information provided was false or misleading:  You may not have been aware that the information provided was false or misleading which is a defense to residential mortgage fraud.

 

• Implausibility of government’s story:  The government’s story may be implausible based on the evidence or timeline.

 

• Government witnesses are mistaken or lying about what happened.

 

• Missing or tainted evidence:  Sometimes the government’s evidence is missing or tainted. 

 

• Police misconduct:  The police could have committed misconduct in investigating the charge, finding evidence, interviewing the victim and witnesses, or obtaining your confession.

 

• Suppression of government’s evidence:  The government could have violated your constitutional rights in obtaining evidence or getting your confession.

 

• Insufficiency of government’s evidence:  The government may have insufficient evidence to prove residential mortgage fraud or bank fraud beyond a reasonable doubt.

 

• Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be parts of the same mortgage fraud or bank fraud.

 

• Prosecutorial misconduct:  There may be prosecutorial misconduct in disclosing the evidence, talking with victims and witnesses, or generally in your case.

 

• Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa employs logical, bottom line analysis while thinking outside the box so she may come up with a novel defense that no other attorney has thought of before.

 

If you or a loved one is facing a charge of mortgage fraud or bank fraud, it’s very important to hire a thorough, passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.