Fraud

Pursuant to 18 U.S.C. § 1344, bank fraud commits whoever knowingly executes, or attempts to execute, a scheme or artifice to defraud a financial institution, or to obtain any of the moneys, 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, representations, or promises.

Despite unique watermarks, heat-sensitive ink, and recognizable lettering and other technological barriers, bank fraud continues to rise. Among the most common forms of bank fraud are check fraud, identity fraud, identity theft, accounting fraud, loan fraud, credit card fraud, and money laundering.

Check fraud involves the forging of checks and check signatures as well as the altering of already issued checks. By contrast, check kiting takes advantage of the fact that funds can be drawn on a deposited check before the money is actually removed from the check writer’s account. Identity fraud occurs where credit is obtained by using fictitious identities. Identity theft commits who uses another person’s private identifying information to obtain money, usually in the form of loans or credit.

PUNISHMENT – Bank Fraud is a very serious federal crime punishable by up to 30 years imprisonment and a fine of up to $1m.

Since 2009, the Fraud Enforcement and Recovery Act (“FERA”) significantly enhanced criminal enforcement of federal fraud laws, in particular mortgage fraud, securities fraud, as well as fraud regarding financial institutions.

If you are accused of Bank Fraud, you must fight hard. You must act fast. You must have your defense in place before the government has its case prepared.

You should consult with criminal defense attorneys that take your concerns serious and that have the experience needed to successfully represent clients in federal courts and before government agencies.

If you have questions about Bank Fraud, please contact us to discuss the best strategy and outcome of your case in full confidentiality.

Pursuant to 18 U.S.C. § 1341, § 1343, mail fraud and wire fraud both require intent, scheme, or artifice to defraud or the obtaining of property by fraud, as well as mail or wire communication. Unlike wire fraud, mail fraud does not require communication across state lines.

Because of the extremely broad definition of communication devices under federal law, federal prosecutors virtually always charge defendants with mail and wire fraud. If you use a cell phone, email, regular mail, facsimile, the Internet, or any other form of communication device to commit the crimes you are accused of, you are likely charged with the two federal crimes of mail and wire fraud in addition to the underlying crime.

PUNISHMENT – Mail fraud and wire fraud are severe federal crimes punishable by up to 20 years’ imprisonment and a $ 250,000.00 fine for individuals ($500,000.00 for organization) for each offense, in addition to punishments, which may apply to convictions for underlying crimes.

Since 2009, the Fraud Enforcement and Recovery Act of 2009 (“FERA”) significantly enhanced criminal enforcement of federal fraud laws, in particular mortgage fraud, securities fraud, as well as fraud regarding financial institutions.

If you are accused of Mail Fraud or Wire Fraud, you must fight hard. You must act fast. You must have your defense in place before the government has its case prepared.

You should consult with attorneys that take your concerns serious and that have the experience needed to successfully represent clients in federal courts and before government agencies.

If you have questions about Mail Fraud or Wire Fraud, please contact us to discuss the best strategy and outcome of your case in full confidentiality.

Contact Oberheiden, P.C. online today.

Mortgage fraud is a federal crime in which the intent is to materially falsify, misrepresent, or omit material information on a mortgage loan application to qualify for better loan conditions. Mortgage fraud is a serious offense because it often involves parallel crimes such as bank fraud, wire fraud, and mail fraud. Mortgage fraud occurs in various forms, each one constituting a prosecutable conduct.

Income fraud occurs when, for example, a borrower overstates the actual income to obtain a better loan or shortly before the loan application “borrows” money from a friend to appear wealthier with the intent to rewire the borrowed money immediately after the completion of the loan application. Because all lenders verify the stated income with official IRS records, income fraud is relatively easy to detect.

Appraisal fraud is the attempt to intentionally overstate or understate the true value of a property. If the appraisal overstates the true price, the borrower can cash out. An appraisal understatement is of criminal use to reduce the price on a foreclosed property.

Fraudulent disclosure encompasses a failure to disclose liabilities, the falsification and misstatement of debt, and the providing of wrong employment status, among many other things.

PUNISHMENT – Since 2009, the Fraud Enforcement and Recovery Act (“FERA”) significantly enhanced criminal enforcement of federal fraud laws, in particular mortgage fraud, securities fraud, as well as fraud regarding financial institutions.

If you are accused of Mortgage Fraud or any of the above references crimes, you must fight hard. You must act fast. You must have your defense in place before the government has its case prepared.

You should consult with attorneys that take your concerns serious and that have the experience needed to successfully represent clients in federal courts and before government agencies.

Targets charged with healthcare violations are typically accused of violating one of the following prominent statutes:

• Anti-Kickback Statute (42 U.S.C. § 1320a-7b)
• False Claims Act (31 U.S.C. §§ 3729-3733)
• False, fictitious or fraudulent claims (18 U.S.C. § 287)
• Physician Self-Referral Laws (§ 1877 Social Security Act)
• Patient Protection and Affordable Care Act (PPACA)
• Healthcare Fraud (18 U.S.C. § 1347)
• Social Security Act (§ 1128B, Medicare and Medicaid laws)

Anti-kickback laws provide civil and or criminal penalties for individuals or entities, licensed or unlicensed, who knowingly and willfully offer, pay, solicit, or receive money or favors for referrals that will be paid for by the Medicare or Medicaid programs, 42 U.S.C. 1320a-7b. Often overlooked, the statute is extremely broad in scope and considers the transfer of anything of value, directly or indirectly, overtly or covertly, in cash or in kind to constitute remuneration and thus a kickback: e.g. bribes, rebates, gifts, discounts, above and below credit arrangement or lease payments, waivers of payments but also, to name some real life examples, the offering of frequent flyer miles, dubious consulting agreements etc. The statute has been interpreted to cover any arrangement where one purpose of the remuneration was to obtain money for the referral of services or to induce further referrals. See, United States v. Greber, 760 F.2d 68 (3d Cir. 1985), cert. denied, 474 U.S. 988 (1985); United States v. Borarasi, 639 F.3d 774 (7th Cir. 2011).

Fraud under the False Claims Act means that a contractor has knowingly presented a false claim for payment to the United States or by conspiring to defraud the government by getting a false claim allowed or paid. By contrast, the level of culpability in 18 U.S.C. § 287 false, fictitious, or fraudulent claims do not require knowledge or reckless disregard, but the intentional conduct.

Should a Facility file false claims for Products in violation of the False Claims Act, the Facility could be prosecuted, and the Company could be involved in the resulting investigation. It also could possibly face charges that it “caused to be presented” the claim by the Facility, which would be a violation of the False Claims Act. Fraud may occur in various forms.

• Billing Fraud (unperformed tests, double billing)
• Coding Fraud (up-coding, code jamming, unbundling)
• Testing Fraud (reflex and defective testing)
• Improper Cost Reports (unnecessary procedures, phantom equipment)
• Offering free services
• Routine waiver of patient co-payments

The Patient Protection and Affordable Care Act (PPACA) strengthens enforcement remedies for perceived healthcare fraud and abuse. A key feature of the PPACA is its revision of the evidentiary standard under the anti-kickback statute by eliminating the requirement of actual knowledge of, or specific intent to commit a violation of the statute. Consequently, it is now significantly easier for the government to initiate enforcement procedures and to prevail in battles over the intent of the perpetrators. To be clear, the government must still show that a defendant acted “knowingly and willingly” in offering or paying remunerations in exchange of patient referrals. However, the government is no longer required to show that a defendant specifically knew that his behavior was unlawful. See, United States v. Mathur, 2012 WL 4742833 (D. Nev. 2012).

PUNISHMENT – If you are accused of Medicare Fraud, you must fight hard. You must act fast. You must have your defense in place before the government has its case prepared.

You should consult with attorneys that take your concerns serious and that have the experience needed to successfully represent clients in federal courts and before government agencies.

If you have questions about Medicare Fraud, please contact us to discuss the best strategy and outcome of your case in full confidentiality. Learn more about Medicare Fraud Defense.

SEC investigations are triggered by whistle blower, insider trading, risk based investigations, “wildcatting,” and self-reporting. Perhaps more than any other governmental investigation, SEC and DOJ investigations expect instant, truthful, and complete reporting of misconduct and a sophisticated level of cooperation.

Consequently, we evaluate for the client the need for a financial restatement, existence of misconduct by senior management, flaws in internal controls, violations of laws to decide on the proper form of disclosure under SEC forms 8-K, 10-Q, 10-K and/or press releases.

PUNISHMENT – Since 2009, the Fraud Enforcement and Recovery Act of 2009 (“FERA”) significantly enhanced criminal enforcement of federal fraud laws, in particular mortgage fraud, securities fraud, as well as fraud regarding financial institutions.

If you are accused of Securities Fraud, you must fight hard. You must act fast. You must have your defense in place before the government has its case prepared.

You should consult with attorneys that take your concerns serious and that have the experience needed to successfully represent clients in federal courts and before government agencies.

If you have questions about Securities Fraud, please contact us to discuss the best strategy and outcome of your case in full confidentiality.