Defending Against Bank Fraud Charges in Los Angeles

Bank fraud involves using fraudulent means to obtain money, assets, or other property from a financial institution. This serious federal crime carries significant legal consequences, including severe penalties such as substantial fines, long prison sentences, and lasting impacts on personal and professional lives. Common types of bank fraud include check fraud, mortgage fraud, loan fraud, and credit card fraud. Additionally, individuals can face related fraud charges in Los Angeles County criminal court, as federal and state governments operate independently in criminal matters.

A federal bank fraud conviction can result in severe financial penalties and imprisonment, along with long-term consequences that affect your personal and professional life. These charges require a comprehensive understanding of federal law and a strategic defense approach. It is crucial to have an experienced Los Angeles bank fraud defense attorney on your side who is capable of handling these complex cases.

At The Law Offices of Arash Hashemi, we are dedicated to defending individuals facing bank fraud charges in Los Angeles. With over 20 years of experience, Attorney Arash Hashemi offers expert legal representation tailored to the specific details of each case. Our firm thoroughly examines the evidence, challenges the prosecution’s claims, and formulates a strategic defense to protect your rights and achieve the best possible outcome. If you or someone you know is facing bank fraud charges, contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi is committed to providing you with the professional legal representation you need.

How Prosecutors Prove Bank Fraud Charges

In a bank fraud case, the burden of proof lies with the prosecution. They must establish, beyond a reasonable doubt, that the defendant committed the crime. This involves presenting evidence that demonstrates the defendant’s intent to defraud, the use of false statements or representations, and the defendant’s knowledge of the fraudulent activity. The prosecution must convincingly show that the defendant knowingly engaged in deceptive practices to obtain money, assets, or other property from a financial institution.

Legal Standards Required for a Conviction:

• Intent: The defendant must have had the intent to deceive or defraud.
• Action: The defendant must have engaged in a specific act of deception or fraud.
• Causation: The defendant’s actions must have directly caused financial harm or the potential for harm to the financial institution.

Bank Fraud Penalties and Long-Term Consequences in California

Under federal law, bank fraud is punishable by up to 30 years in federal prison and fines of up to $1,000,000. These severe penalties reflect the seriousness of defrauding a financial institution, which federal prosecutors vigorously pursue.

Impact on Employment and Professional Licenses:

• Employment: A conviction can lead to immediate job loss and create significant challenges in securing future employment, particularly in fields requiring financial trust and responsibility.
• Professional Licenses: Convictions can result in the revocation or suspension of professional licenses, impacting careers in law, finance, real estate, and other regulated professions.

Long-Term Consequences:

• Criminal Record: A conviction results in a permanent criminal record, affecting background checks and personal reputation.
• Financial Burden: Beyond fines, legal fees, and restitution payments can create a significant financial burden.
• Loss of Rights: Convictions may result in the loss of certain civil rights, such as the right to vote or possess firearms.

Key Legal Defenses Against Bank Fraud Charges

Lack of Intent: One of the primary defenses in bank fraud cases is demonstrating that the defendant did not intend to defraud the financial institution. This can involve showing that any false statements or misrepresentations were made unknowingly or without malicious intent. If the prosecution cannot prove intent beyond a reasonable doubt, the charges may be reduced or dismissed.

Mistaken Identity: In some cases, the defendant may have been wrongfully accused of bank fraud due to mistaken identity. Evidence such as alibi witnesses, video surveillance, or other documentation can be used to show that the defendant was not involved in the fraudulent activity.

Procedural Errors: Challenging the legality of how evidence was obtained can be a strong defense. If law enforcement violated the defendant’s rights during the investigation, such as conducting an unlawful search or seizure, the evidence obtained may be excluded from the trial. This can significantly weaken the prosecution’s case.

Lack of Evidence: The prosecution must provide sufficient evidence to prove all elements of bank fraud beyond a reasonable doubt. A defense attorney can scrutinize the evidence, identify inconsistencies, and argue that the prosecution’s case is insufficient.

Duress or Coercion: In some instances, a defendant may have committed bank fraud under duress or coercion. If it can be proven that the defendant was forced to engage in fraudulent activities against their will, this can be a valid defense.

Entrapment: If law enforcement officers induced the defendant to commit bank fraud, which they would not have otherwise committed, entrapment can be used as a defense. This involves proving that the defendant was persuaded or coerced by police officers into committing the crime.

Why Choose Our Experienced Los Angeles Bank Fraud Attorney?

When facing bank fraud charges in Los Angeles, you need a defense attorney with extensive experience and a proven track record. Attorney Arash Hashemi has been an active member of The State Bar of California since December 2002. On his second day as a lawyer, Arash was already in court, participating in a bench trial. Over the years, he has handled a wide variety of criminal cases, from simple misdemeanors to complex felonies, including bank fraud.

Arash has also represented thousands of Californians accused of violating their probation or parole and has argued cases before the California Court of Appeals. He is admitted to practice before all California State Courts and the United States District Courts for the Northern, Eastern, Central, and Southern Districts of California. Attorney Hashemi brings a wealth of knowledge, dedication, and a deep understanding of California’s criminal justice system to every case he handles.