Miami Bank Fraud Lawyer
Federal criminal attorneys representing Florida
Among the multiple types of fraud charges prosecutors file in federal court every year, bank fraud is charged more often than any other. Bank fraud is typically investigated by the Federal Bureau of Investigation (FBI) and sometimes the local sheriff’s department. If an individual commits an act of fraud that involves an FDIC-insured banking institution, he or she may be charged with bank fraud. Related charges are extremely serious, making it imperative that you consult with a Miami bank fraud attorney immediately after being charged.
Categories of bank fraud include:
- payment card fraud
- check fraud
- Internet fraud
- identity theft
Do not say anything that might incriminate you. Speak with an attorney first.
Payment card fraud
Since credit and debit cards have become almost universally accepted across Florida, instances of payment card fraud have risen dramatically over the years. Fraudsters are no longer limited to making high-risk transactions in retail outlets. Nowadays, they can very easily make purchases online without being asked to provide identity verification once they have accessed the payment account. There are a few different ways a perpetrator can commit credit or debit card fraud. The following actions constitute credit card fraud:
- stealing a credit card and assuming the owner’s identity
- stealing credit card data
- making unauthorized purchases with a payment card
- opening a credit account with someone else’s personal data
- producing or using forged payment cards
Most people have heard of at least one form of check fraud. Generally defined as the use of checks to fraudulently withdraw money or authorize a payment, check fraud typically occurs as:
- check forgery
- check kiting
- passing a bad check
Many are unaware that forging a check is a federal offense as doing so constitutes counterfeiting. An individual may be charged with check fraud if he or she alters, changes, or forges a check in someone else’s name or in a fake name and attempts to make a deposit or use the check to make a purchase. A person may also be convicted of check forgery if he or she simply possesses the fraudulent check with the intent to commit fraud by using the check. Check kiting is also known as floating checks. Floating or kiting a check involves writing a check for an amount that is greater than the balance in the account. Next, the person writes a check from another account that does not have sufficient funds to cover the money withdrawn from the first account. Writing a bad check is a very common form of check fraud. Many people may be surprised that the act of writing a check without having the required funds available constitutes check fraud. Some people may write a check and hope the funds do not clear before the necessary funds become available. Others write bad checks with no intention of ever depositing the required amount of funds into the account. A Miami bank fraud defense lawyer can help people who have been falsely accused of check fraud defend themselves against the serious federal charge in court.
Internet bank fraud
Banks have made it possible to conduct nearly any banking service online. With this added convenience, fraudsters have developed new ways to commit crimes by accessing victims’ accounts through the internet. Phishing schemes became popular as more people began using email and messenger services more frequently. A typical phishing scheme may involve posing as a bank representative and contacting potential customers to request their internet banking log-in credentials or by creating fake links that lead to websites that look like they may be run by legitimate banking institution a, but are actually fake sites that extract the victim’s data when he or she enters her log-in data on the fraudulent website. In another version of internet banking fraud, a person will call misrepresenting him or herself as a bank representative pretending to inform the potential victim that his or her password has been compromised. The individual on the phone will then ask the potential victim to provide personal information. If he or she complies, the fraudulent caller may use the information to change the individual’s password or otherwise access his or her bank account online.
Other forms of bank fraud often involve identity theft; however, identity theft may constitute a version of bank fraud on its own in some cases. For example, a person may use personal data that has been stolen from someone else to establish a new line of credit or create an online banking account. Stealing someone else’s credit or debit card and pretending to be that person for the purpose of making unauthorized transactions also constitutes bank fraud and identity theft. In some cases, a person may mistakenly use another person’s personal information or debit or credit card without authorization based on the individual having been authorized to use the card in the past or if the cardholder only authorized use of the card for certain purchases. A Miami bank fraud attorney can help individuals who have been wrongfully accused of identity theft and bank fraud establish their lack of intent to commit fraud.
Getting help from a Miami bank fraud defense attorney
There are some cases in which it is very easy to be mistakenly or even maliciously accused of bank fraud in Miami. A conflict between former business partners may lead to a disputed charge on an account that was previously shared. A person may unknowingly receive a counterfeit check and attempt to deposit it. Whatever the surrounding circumstances may be, individuals who find themselves accused of federal bank fraud should immediately contact a Miami bank fraud defense lawyer to discuss their legal options for defending themselves against a potentially damaging allegation.