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Fraud is generally defined as a knowing misrepresentation of fact. Under this general definition, there are many specific forms of fraud including:
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Fraud typically involves obtaining money or property by use of deceptive means. For example, credit card fraud is the use of a credit card to obtain goods or property through the use of a credit card that is not yours. Bankruptcy fraud is committed when one misstates or conceals assets for the purpose of misleading creditors. Again, the elements of knowingly concealing, misstating or misrepresenting for the purpose of pecuniary gain.
Fraud that crosses state lines, requires federal defense if charged federally. Federal sentencing guidelines for fraud are severe. If you suspect you are under investigation by the federal government, it is critical you obtain the services of an experienced federal criminal defense attorney.
States differe on their penalties for fraud, but they have a likeness to the federal sentencing guideline. White collar crime and federal fraud penalties are generally restitution, fines, and imprisonment. The federal court also imposes interest and penalty assessment fees. This can add up to high restitution penalties that can create a lifelong financial burden for the defendant. You need the best lawyers to keep you out of prison when being accused of fraud.
Experienced attorneys are instrumental in minimizing penalties and fines, saving the defendant thousands or even hundreds of thousands of dollars. Experienced attorneys can also help work out reasonable payment plans that actually allow for the defendant to pay the damages back over a reasonable and extensive time period.
Penalties for fraud depend on many factors, such as any priors on a person's record, co-occuring charges, the amount of money involved and more.
Your lawyer should always consider the possibility of a trial in your case, especially if you did not commit the alleged fraud. A trial does not only establish whether fraud was committed, but can also be used by attorneys to determine the amount of restitution.
For example, you may stipulate or admit to committing fraud involving 100,000 dollars; however your client claims the loss is 300,000 dollars. Ideally, your lawyer will build a defense for the amount of loss in a trial.
Penalties can add up to large amounts of money and prison sentencing in proportion to the financial losses caused by the fraud. An attorney with experience in white collar and fraud defense can help not only in defending against the charges but also in reducing the penalties.
Lawyers know that it is required by the prosecution to prove the amount of actual loss. A team of aggressive attorneys, along with forensic accountants and experts, can make all the difference in the world, in the results of your case.
Pre-trial preparation by your lawyers is the key to successful defense of fraud. Your defense team of attorneys needs to have the experience and expertise to examine computer and other records to determine how they might be used for your best defense. This investigation generally requires attorneys to make discovery motions compelling prosecutors, employers, banks and other institutions to turn over records used in your defense.
Because of the time and specialized skills involved, creating a defense requires a team of lawyers, not just a single attorney. Prosecutors do not pursue a fraud case unless they think they can prove it in trial. It is absolutely critical for your criminal lawyers to dig even deeper than the prosecution and inject reasonable doubt that will let you win in trial, if necessary.
Read about the fraud defenses used by criminal lawyers from LibertyBell Law Group.
In the event, it is not possible to disprove a specific charge against you, our lawyers can be extremely helpful at sentence reduction. The complexity of fraud cases creates many opportunities for plea bargains, and the lattitude judges can have makes it possible to greatly reduce sentences and penalties.
At LibertyBell Law Group, we have a team of trial attorneys with experience defending against accusations of fraud. Our experience spans state courts across the country and federal courts. Our lawyers have successfully won cases involving millions of dollars and multiple years of defense in trial.
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Our lawyers, Tennen and Wirsching, get No Prison Time for our defendant in a federal court case involving millions of dollars in an illegal international gambling ring, extortion, RICO, and money laundering.
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ca_medical_marijuana_criminal_attorneys.mp3Gina Tennen, Managing Attorney, and Jennifer Wirsching, Attorney, give expert opinions in KABC's Peter Tilden Show on California medical marijuana laws and the recent federal raid on Oaksterdam.
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