Rockville Fraud Lawyer
Fraud charges may be prosecuted under both Maryland state and federal laws. In a federal case, The Federal Department of Justice (DOJ) brings charges against the criminal defendant. These charges can be serious and have harsh penalties, it is imperative that someone has an experienced criminal attorney on their side.
If you have been charged with a crime of fraud in the State of Maryland, you need a Rockville fraud lawyer on your side, who can help you formulate good legal defenses to your fraud charge and can represent you and advocate for you in court.
Defining Fraud Charges
Fraud may be committed by individuals, organizations, or the federal government, and always involves a material misrepresentation and a scheme to defraud – all to secure some benefit at another’s expense. This may include:
- Mortgage fraud
- Wire fraud
- Tax fraud
- Bank fraud
- Insider trading and other stock frauds
- Access device fraud
- Computer crimes
- Identity crimes such as aggravated identity theft
Proof Requirements in a Rockville Fraud Case
The prosecution must prove in court that the alleged victim was deceived into giving up money, goods, or services. A Rockville fraud lawyer can help fight the argument that the defendant must have caused damage to the accuser and must have benefitted therefrom.
Proving that someone has actually committed fraud is more difficult than showing that they were simply dishonest. There are five elements to the defendant’s actions that must be proven in order to substantiate a criminal fraud charge.
What Does a False Statement of Fact Mean?
The prosecution must show that the defendant made a deliberate and factual statement that was false. The false statement must also have a significant bearing on the situation or event in question, in order to be considered fraud.
The prosecution must also be able to prove that the defendant was aware that their false statement was untrue when it was made. In cases where an individual or organization has a legal responsibility to know the facts, and by failing to do so relays false information, they can be found guilty of a fraud crime.
Defining Intent to Deceive
The prosecution must show that the defendant made conscious and deliberate use of a falsehood with the specific intent to deceive the accuser. The purpose of deception must be for the defendant to deprive the accuser of assets or a legal right. Anyone seeking to combat this kind of argument should begin planning a defense with a Rockville fraud lawyer.
Is Deception Considered Fraud?
For deception to be considered fraud, the other person must have reasonably relied upon the false statement. This also means that the false statement used to deceive must be something believable.
Common Defenses to Fraud Charges
Several legal defenses are available to those who are criminally charged with fraud. The most common defenses are lack of specific intent and mistake of fact.
Specific intent can be very difficult for a prosecutor to prove in a fraud case since it is difficult to know exactly what is going through a particular defendant’s mind at any given time.
Criminal defendants are sometimes unaware of certain pivotal facts and do not even know that they are committing fraud in the first place. Contact a Rockville fraud lawyer as soon as you become aware if the charges against you.