Winchester Fraud Defense Attorney
Are you currently under investigation for Fraud charges? In Winchester, many people are accused of it every year. Fraud involves intentional deception usually to pursue or gratify one’s self-interest. It may be monetary or personal gain, or a desire to harm someone. Fraud can be a broad legal term, but it usually deals with deceitful conduct, false statement, misrepresentation, or pretension.
Fraud crimes have corresponding high penalties and long prison sentences according to the severity of the crime. If the alleged perpetrator is proven guilty, he will definitely face any of the aforementioned punishments.
On some occasions, a person is both criminally prosecuted and litigated in a civil action. This is because fraud is subject to criminal and civil laws. Government prosecutors are the only ones who can present criminal charges against the suspect. If you are a victim of fraud, you have the right to file a civil lawsuit.
With that being said, you need the best criminal defense lawyers in order to win the case that you’re involved in.
Main Elements of Fraud
The definition of fraud vary from one reference to another, but its main elements in any wording can include the following: a purposeful misrepresentation (dishonest exposition) of an important fact; of a person who is fully aware of its falsity; to a victim who duly depends on the misrepresentation, and experiences actual loss as a result.
Types of Fraud
Fraud has many different types. Crimes of various acts are charged with fraud as long as intentional misrepresentation is involved. Below are some of the fraud offenses that exist in Winchester, NV.
- Identity Theft
Also known as Identity Fraud, is a type of crime in which a person wrongfully uses another person’s private information in such a way that involves deception, falsity, and misrepresentation.
- Tax Fraud
Tax Fraud or Tax evasion involves intentionally missing to pay your taxes or under-declaring your taxable income.
- Credit Card Fraud
Credit or Debit Card Fraud is a form of identity theft that uses another person’s card information without any permission. This act either charges the card or withdraws funds from it.
- Insurance Fraud
Insurance Fraud is charged to an insured individual who makes a false statement in order to obtain undue payment from his insurance company.
- Securities Fraud
Securities fraud is the act of making false statements about his company or stock value, statements that others use as a basis to make financial decisions.
Fraud Case Investigation in Winchester
Following the fraud charges, an investigation occurs in order to document the alleged acts of fraud. They will eventually serve as pieces of evidence in the courtroom. Crimes and inspecting agencies are briefly and respectively explained below.
A number of state agencies can work on any consumer fraud case, including the Bureau of Consumer Protection of the Attorney General’s Office. Insurance fraud may be probed by the Nevada Insurance Fraud Unit of the Attorney’s General Office. Securities fraud is generally investigated by the Securities and Exchange Commission (SEC) and by the Securities Division of the Nevada Secretary of State both at the federal level.
For mortgage fraud, the Mortgage Fraud Unit of the Attorney General’s Office may conduct the search and study. Meanwhile, healthcare fraud cases may be examined by the Department of Health and Human Service’s Division of Healthcare Financing and Policy. However, the Federal Bureau of Investigation (FBI) and Internal Revenue Service (IRS) can join the investigation if the fraud case reaches the federal level.
Penalties for Fraud Crimes in Winchester
As mentioned earlier, fraud crimes have corresponding penalties that a convicted person has to suffer from. In Nevada, lawbreakers due to fraud are confronted with simple misdemeanors up to Category A felony penalties. For persistent offenders, jail time can reach up to 20 years.
Fraud sentences may include but are not limited to the following:
- 1-4 years of prison time, $5000 of fine, and victim’s monetary restitution for credit card fraud. This has other worse penalties as it violates federal laws.
- 1-4 years of prison time for healthcare fraud which may be heightened when the case reaches the federal court for violating federal laws.
- 1-4 years of prison time and indefinite fines for auto insurance fraud, caused by staging an accident or health condition.
- 1-10 years of prison time for mortgage fraud, as the case also gets taken to federal court.
- 1-10 years of prison time with up to $10,000 of fine for foreclosure fraud. If a pattern of fraud is proven by the prosecutor, the prison sentence can take up to 20 years and $50,000 of fine.
Defenses Against Fraud Accusation
In any Nevada court, fraud crime must be proven without a reasonable doubt. Fraud is a crime of intent. The investigation must prove that there has been an intentional deception or a purposeful misrepresentation. If not, the fraud charges will not prosper. You can also use defenses that will prove your innocence such as the following:
- Insufficient evidence
If the prosecutor finds inadequate evidence that will support his claim, this defense will most likely work.
Simply put, entrapment takes place when the government coerces an innocent person to commit a crime they wouldn’t have done in the first place.
- Absence of intent to commit the crime
If the intention to commit fraud crime is not proven, the charges will be discarded and defense will succeed.
- Non-fraudulent statement
The mere expression of opinions cannot be considered fraudulent statements right away. False statements are not considered as well unless something is promised, or a fact is distorted. If the judge is convinced that your statement is non-fraudulent, you will definitely win the case.
Get Legal Help From Zentz & Zentz, Attorneys at Law
Every accused suspect deserves the best legal support and defenses. In Zentz & Zentz, Attorneys at Law, fraud defense attorneys will walk you through your fraud case journey. They will educate you, help you prepare, and actually win the case. The charges being thrown against you will be voided by their legal performance. Book a free consultation now! Contact (702) 602-9110 to get the best and fastest legal help.
Call Zentz & Zentz, Attorneys at Law today at (702) 602-9110 for your Free Consultation with a Fraud Defense Attorney!