Aggressive Defense for Fraud and Forgery Charges
The fraud and forgery defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have a track record of achieving extraordinary results. They are your best hope of avoiding a conviction or a harsh sentence.
Fraud and Forgery Defense
Although fraud and forgery felonies are not violent offenses, judges routinely impose harsh sentences for these offenses in the event of a conviction. Specialized prosecutors typically handle fraud, forgery, and other white-collar criminal cases. The effective fraud defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. are widely respected and known for providing the highest possible caliber of defense.
Pre-Charge Intervention
It is in your best interest to have a fraud defense attorney involved in your situation is as early as possible. In many of these cases, a defense attorney can provide information to the police and prosecutor that reduces the likelihood of criminal prosecution. Under different circumstances, a talented defense lawyer can negotiate reduced or fewer charges with law enforcement and the prosecutor. A defense lawyer’s mission on a pre-charge basis is to reduce the client’s exposure, mitigate damages, and head off potential charges, when possible. It is critical that you do not speak to law enforcement or provide any information except through experienced legal counsel. Remember, anything that you say or do “can and will be used against you.”
Types of Felony Fraud and Forgery and Maximum Penalties
| Offense | Maximum Penalty |
|---|---|
| Uttering and publishing false, forged, altered, or counterfeit financial transaction device or records | 14 years in prison |
| Forgery of bank checks, bills, or promissory notes | 7 years in priso |
| Possession of Counterfeit Notes – possession of 10 or more similar forged or counterfeit bank documents (checks, notes, etc.) and are found to have intended to use them | 7 years in prison |
| Trying to pass counterfeit money | 5 years in prison |
| Obtaining a signature by fraud | 10 years in prison |
| Knowingly writing a check with insufficient funds | 2 years in prison |
| Knowingly writing a check on a closed account | 2 years in prison |
| Possession of counterfeit coins or currency (less than 5 coins or bills) | 10 years in prison |
| Possession of 5 or more pieces of counterfeit coins or currency | Up to life in prison |
| Possession of counterfeiting tools | 10 years in prison |
| Knowingly possessing a forged financial transaction device (credit card) | 4 years in prison |
| Identity Theft – 1st Offense | 5 years in prison |
| Identity Theft – 2nd or Subsequent Offense | 15 years in prison |
| Forging or counterfeiting a public record, certificate, return, or an attestation of a court clerk, notary public, or public officer where the item may be received as legal proof | 14 years in prison |
| Food stamp fraud | 93 days in jail |
| Mail fraud | 20 years in prison, or 30 years if the fraud relates to a presidentially declared disaste |
| Insurance fraud | 4 years in prison |
| Insider trading | 20 years in prison |
Fraud and Forgery Defenses
There are multiple potential defenses to fraud and forgery crimes. A skilled and savvy lawyer will take the time to analyze their client’s case carefully and identify all possible defenses. Even in cases that seem impossible to defend, an experienced lawyer might be able to craft a strong and viable defense.
Mistake of Identity
If a crime was committed but the person accused was not involved in the offense, there is a mistake of identity. In many fraud and forgery cases, the victim does not have face-to-face contact with the suspect. With the rise of e-commerce, internet banking, and social media, it is common for fraud to take place over the Internet. A hasty investigation or other conjecture might mistakenly lead the police to accuse the wrong person. If you are charged with a crime that you had nothing to do with, your attorney will need to take steps to prove that there was a mistaken identification or that there is not sufficient proof of your guilt.
Misunderstanding/Good Faith
Innocent mistakes and misunderstandings can lead to accusations of fraud. If an individual makes a genuine mistake or acts honestly, but based on missing important information, there is no fraudulent or wrongful intent. An example of this would be when a person genuinely, but mistakenly, believed they had the authority to engage in a transaction or sign a document. Law enforcement officers and prosecutors often assume the worst and infer wrongful intent. A skilled, respected, and persuasive fraud defense attorney can help clear things up and work to get the charges dropped.
Lack of Intent
A prosecutor is required to prove that a defendant intended to commit fraud beyond a reasonable doubt. If an individual did not intend to defraud anyone, they are not guilty. There must be evidence that a person intentionally and willfully defrauded a person, business, or the government to obtain money, property, or services. Whether it is wire fraud, credit card fraud, identity theft, or another fraud-related offense, fraud can’t happen by accident or in good faith. There is not enough evidence for a conviction without direct or strong circumstantial proof of intent.
Insufficient Evidence
For a conviction, a prosecutor must be able to prove a defendant’s guilt beyond a reasonable doubt. Proof of guilt can be direct, circumstantial, or both. Direct proof means that there is firsthand information proving the defendant is guilty. Circumstantial evidence is evidence that leads to an inference of guilt. If the government’s evidence is weak, a skilled fraud and forgery attorney might focus the defense on the lack of sufficient evidence for a conviction. If the defense lawyer is aggressive and proactive, they might persuade the prosecutor to dismiss charges because the evidence is insufficient for a conviction. A prosecutor is more likely to see an experienced, respected defense lawyer as a threat to their case than an inexperienced or less proficient attorney.
Consent
You could not have committed a fraud-related crime if the alleged victim consented to your actions. If there is evidence that the alleged victim permitted the accused to engage in the transaction, whether it was a person or business, this would be crucial to the defense. For example, elderly or infirm individuals might give someone permission to engage in a transaction and then forget that consent was given. While a person’s actions may have been ill-advised or look suspicious, there is no crime if consent was given.
Duress
If someone used threats or violence to force a defendant to act against their better judgment, there is no intent to defraud, and thus they are not guilty. A zealous fraud defense attorney will know how to preserve or obtain evidence to corroborate the threat. If the feeling of duress and the action in response is deemed reasonable, the defendant is not guilty.
Statute of Limitations
The Statute of Limitations in Michigan for state charges is 10 years. In federal court, the statute of limitations for mail fraud and wire fraud prosecutions is five years, except for mail and wire fraud schemes that affect a financial institution, in which case the statute is ten years.
Entrapment
Entrapment occurs when the police or federal agents entice a person to commit a crime they usually would not have otherwise committed. Simply being presented the opportunity to commit a crime is not considered entrapment. If the defendant has a prior record of committing similar offenses, it would be difficult to prove that the defendant would not ordinarily commit such an offense. A skilled attorney will determine whether entrapment has occurred and file a motion to dismiss all charges.
Fraud Defense Attorneys in Michigan
At LEWIS & DICKSTEIN, P.L.L.C., we have fraud defense attorneys in Michigan with decades of experience successfully defending clients charged with all forms of fraud and forgery offenses in state and federal court. We have the knowledge and skill required to provide the highest caliber defense available. Most importantly, our record of successfully defending and protecting our clients is unparalleled. If you call for a free consultation, we will take the time to talk with you, answer all of your questions, and address each of your concerns.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
