Fraud
< DC White Collar Criminal Defense
DC Fraud Attorneys
In a case involving fraud, the government has the burden of proving that someone intentionally misrepresented or lied about something, leading to financial or legal harm to another party. Before deciding to prosecute a fraud case, the government must determine if they can establish the accused’s criminal intent, which is crucial to meet the required elements for fraud. If you are facing fraud charges, it is essential to seek the assistance of a professional defense attorney in Washington, DC, who can protect your rights and represent you effectively in court.
Continue reading to understand the significant benefits of hiring a DC federal fraud lawyer to navigate your legal proceedings.
Healthcare Fraud
Health care fraud investigations consume substantial resources from the federal government. As a healthcare provider, being under investigation for fraud can have severe and long-lasting consequences. Convictions in white-collar offenses like this often result in prison time. Losing a medical license or being barred from government reimbursement programs, including Medicaid or Medicare, can effectively end a medical career.
The government typically pursues health care fraud under two main theories. The first involves upcoding, where health care providers are accused of using billing codes that yield higher payments than justified by the procedures performed. The second theory involves billing for nonexistent procedures or for fictitious patients.
Bankruptcy Fraud
Bankruptcy allows financially distressed businesses or individuals to eliminate debt and start anew. The US Trustees Program of the Department of Justice oversees bankruptcy proceedings and refers suspected fraud cases to the FBI and US Attorney’s Office. In bankruptcy fraud cases, the accused is typically alleged to have filed for bankruptcy while intentionally providing false information, producing fraudulent documents, or concealing assets to protect them from the bankruptcy process. However, as with any criminal investigation, guilt must be proven beyond a reasonable doubt in a court of law.
Mortgage Fraud
Mortgage fraud has become a significant focus for federal agencies following the housing market crash and subsequent economic crisis in 2008. The decrease in loan organizations and the rise in delinquencies, underwater mortgages, and foreclosures have drawn attention to distressed loan organizations accused of targeting vulnerable homeowners. This type of fraud involves activities such as loan refinancing and modification. The FBI’s Financial Institution Fraud Unit (FIFU) investigates various forms of mortgage fraud, including loan modification schemes, equity skimming, foreclosure rescue schemes, illegal property flipping, and silent second mortgages. Facing these charges requires the assistance of a skilled DC federal fraud lawyer to protect your legal rights throughout the legal process.
Sentencing in Fraud Cases
Following high-profile white-collar scandals like WorldCom and Enron, Congress adjusted sentencing guidelines to increase recommended ranges for individuals convicted of fraud and other white-collar offenses. While the Voluntary Sentencing Guidelines are advisory, they can potentially assist defendants in overcoming significant obstacles if the guideline range aligns favorably with their specific circumstances.
Factors in Sentencing
Several key factors contribute to a potential sentence in a fraud case. One critical factor is the loss amount, defined in Section 2B1.1 of the Voluntary Sentencing Guidelines. The loss amount represents the reasonably foreseeable financial loss resulting from the accused’s fraudulent actions, rather than the actual money lost or gained. This definition may lead to loss amounts exceeding the actual monetary value involved in the offense. The guidelines also consider other offense characteristics that can increase the severity level, such as the number of victims, the use of sophisticated means, and the defendant’s position of trust.
Consulting a DC Federal Fraud Lawyer
Regardless of the specific crime, it is crucial to seek the representation of an experienced and assertive DC federal fraud lawyer if you become a target of the federal government. A reliable attorney can handle fraud cases and various other white-collar criminal charges, including those related to the Foreign Corrupt Practices Act (FCPA) and RICO matters. Schedule an office consultation with a determined DC federal fraud lawyer, known for successfully defending against fraud allegations, to receive the best guidance for your case today.