In the legal sense, fraud can be described as any form of deception predicated on personal gain. Injuries caused to the victims of fraud can be tangible or intangible. In other words, a victim of fraud might have suffered physical, emotional, or financial harm. In many cases, people who are accused of fraud are innocent and have done nothing wrong other than make bad business decisions. Other times, individuals will use their position of authority to take advantage of situations for their own benefit, up to and including actions reaching criminal proportions.
Are all fraud cases prosecuted?
Not all cases of fraud will draw the interest of the criminal justice system as most frauds are unprosecuted or either litigated in civil court.
The unprosecuted fraud cases are usually ones where the perpetrator was busted, and agreed to make things right by paying a form of non-court ordered restitution. In other instances, the level of fraud can reach a severity which draws the attention of federal and state prosecutors.
Arrested for Fraud in Texas?
You May Need a Criminal Justice Attorney
Bank, mail, wire, and corporate frauds almost always get the attention of prosecutors. When an individual is suspected of fraud or committing a white-collar crime, they’ll need a Houston criminal defense lawyer to effectively fight back against the allegations. Jack B. Carroll & Associates & Peter Barrett are two of the best criminal defense lawyers in Texas for fraud cases. If you’re in trouble with the law and need to talk with an attorney, those two attorneys are highly recommended.
Understanding the Crime of Fraud
The Nuances of Fraud & Criminal Intent
If someone invested $150,000 in you and a legitimate business, and you subsequently lost the money, that’s bad business. However, if you tricked someone into investing $150,000 into you on the basis of a lie, that might be criminal. Only an experienced criminal defense attorney has the knowledge to properly advise an individual that finds themselves in such a predicament.
You’ll Need A Criminal Defense Lawyer
Consequences for Fraud are Punitive
The criminal penalties for fraud vary greatly. In most instances, fraud is charged at the misdemeanor level. However, major fraud such as credit card frauds, could be classified a state jail felonies. If the fraud is committed against banking and financial institutions, or even worse, a government entity, it could draw the ire of federal prosecutors which could mean an all but certain conviction. In cases like this, you’ll want to retain a professional criminal defense lawyer.