Experienced Shreveport Bank Fraud Attorney Handling State and Federal Cases in Louisiana
Applying for a loan, opening a checking account, taking a second mortgage for home repairs, or applying for a credit card are all actions we might take daily. However, these or similar actions could expose us to questioning by government agents, being charged with a federal crime, or otherwise being called into federal court.
If this happens to you or to a loved one, you need a Shreveport bank fraud attorney with experience interpreting federal laws, working through federal court procedures, interacting with federal agents, trying federal cases when necessary, and negotiating to minimize charges or possible sentences.
You Need Experienced Defense Counsel on Your Side
From your first contact with the government, you need someone to guide you, to help you gather and preserve evidence, and to speak on your behalf. The government, banks, financial institutions, or other organizations often will work together to protect their interests and to try to prove you intentionally engaged in conduct they feel is unlawful.
You need someone experienced in reviewing business records and law enforcement reports. You need someone who can make the system as clear and understandable as possible. You need someone who understands how to tell your story to agents, prosecutors, and, if necessary, a judge or a jury.
Shreveport bank fraud attorney Lee Harville has experience doing just that. Should you find yourself charged with bank fraud, money laundering, or similar charges, contact us today and see how Lee can help.
Understanding Your Bank Fraud Case in Louisiana
“Bank fraud” is a broad term that covers a wide range of illicit activities. It can be prosecuted at the state and federal levels, and many cases involve prosecution by the U.S. Department of Justice (DOJ). While state and federal bank fraud charges both carry steep penalties, the consequences of a federal conviction can be particularly severe. Shreveport bank fraud attorney Lee Harville has experience defending clients in both state and federal cases, and he can use that experience to help protect you by all available means.
State Bank Fraud Charges Under Louisiana Law
At the state level, the crime of bank fraud appears in Section 14:71.1 of the Louisiana Revised Statutes. Under Section 14:71.1, it is a criminal offense to knowingly execute a “scheme or artifice” to do either of the following:
- “To defraud a financial institution;” or,
- “To obtain any of the monies, 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, practices, transactions, representations, or promises.”
It is also against the law in Louisiana to knowingly attempt to execute a scheme or artifice to commit bank fraud. If found guilty under state law, defendants can face up to 10 years of prison time and a $100,000 fine. A minimum prison sentence of one year is mandatory for repeat offenders.
Federal Bank Fraud Charges Under the U.S. Code
At the federal level, the crime of bank fraud appears in 18 U.S.C. Section 1344. The language of Section 1344 is almost identical to the language of Section 14:71.1 of the Louisiana Revised Statutes, with the exception of the federal statute’s penalty language. Under federal law, bank fraud convictions carry up to 30 years of prison time and a $1 million fine.
As you can see, while state and federal bank fraud charges are both extremely serious, the consequences of a federal conviction can be far more severe. As a result, while it is critical to engage experienced defense counsel regardless of whether you are facing prosecution in state or federal court, if you are facing federal charges, you will need a skilled Shreveport bank fraud attorney with relevant federal experience on your side.
Common Allegations in State and Federal Bank Fraud Cases
Since the language of the Louisiana and federal bank fraud statutes is nearly identical, state and federal prosecutors can pursue charges in similar cases. With this in mind, some examples of common allegations in state and federal bank fraud prosecutions include:
- Making false statements in a loan or mortgage application
- Falsifying financial documents in support of a loan or mortgage application
- Check theft, check fraud, and check kiting schemes
- Credit card theft and refund fraud schemes
- Impersonation and identity theft
- Gaining unauthorized access to bank accounts
- Embezzling funds from financial institutions
Again, these are just examples. State and federal prosecutors can (and do) pursue bank fraud charges in a wide range of other circumstances. Regardless of the specific allegations against you, you will need to mount a successful defense in order to avoid serious consequences.
How Shreveport Bank Fraud Attorney Lee Harville Can Help
Defense attorney Lee Harville has decades of experience defending clients against bank fraud and other white collar criminal charges in Louisiana. If you are under investigation or facing charges for bank fraud, here are just some of the ways Lee can help:
- Evaluating the Prosecution’s Case Against You – Relying on his experience in similar cases, Lee can evaluate the prosecution’s case against you. If the government’s investigation is ongoing, he can work to secure a favorable resolution before charges get filed.
- Determining What Defenses You Have Available – After evaluating the prosecution’s case, Lee will be able to determine what defenses you have available. Depending on the circumstances, these could involve defenses based on the language of the relevant bank fraud statute or defenses based on your constitutional rights.
- Fighting to Avoid Unnecessary Consequences – Regardless of the circumstances at hand, Lee will fight to help you avoid unnecessary consequences. While Lee can work to secure a favorable plea bargain on your behalf if warranted, he has extensive trial experience and can fight for your freedom in court if necessary.
FAQs: Defending Against Bank Fraud Charges in Louisiana
Is bank fraud a state or federal crime?
As discussed above, bank fraud can be prosecuted as a state or federal crime in Louisiana. If you are facing state charges, your case will be handled by the local District Attorney. If you are under federal investigation or facing charges, your case could involve the Federal Bureau of Investigation (FBI), the local U.S. Attorney’s Office, and various other federal law enforcement authorities.
What are the potential penalties if I am convicted?
The potential penalties for bank fraud depend on whether you are being charged in state or federal court. If you are being charged in state court, a conviction can carry a prison sentence of up to 10 years with hard labor and a fine of up to $100,000. If you are charged in federal court, a conviction can carry a prison sentence of up to 30 years and a fine of up to $1 million.
I haven’t been arrested, but I received a “target letter.” What does this mean?
A target letter is a notice informing you that federal prosecutors are building a case against you. As a result, if you have received a target letter, you should consult with an experienced federal defense attorney right away.
Request a Confidential Consultation with Shreveport Bank Fraud Attorney Lee Harville
Do you need to speak with an experienced Shreveport bank fraud attorney? If so, we encourage you to contact us right away. To request a confidential consultation with attorney Lee Harville, call 318-222-1700 or tell us how we can reach you online now.