FRAUD & FINANCIAL CRIME
Fraud and financial crimes are some of the most complex offenses that a person can face. Often these offenses are more commonly referred to as “white collar” crimes. While many different crimes fall under the category of fraud, the specific details of each incident determines what specific charges may apply. These offenses have a wide variety of names and include embezzlement, obtaining property by false pretenses, forgery, uttering, money laundering, health care fraud, securities fraud, mortgage fraud, mail fraud, investment fraud, and credit card fraud, among numerous other crimes.
Specific definitions of each individual crime vary. Fraud is the act of intentionally obtaining something of value through the use of a lie or false pretense. Embezzlement is the act of defrauding your employer by stealing money or property from your employer. Forgery is the creation of false documents, such as a check, to deceive others, Relatedly, uttering is an act of using a forged document in order to gain something of value. Regardless of the definition, the main elements for all fraud crimes include a misrepresentation of a material fact and an intent to deceive.
If you are convicted of fraud or a financial crime you could face serious consequences. Most fraud and financial crimes are classified as felonies and the unique circumstances of each case determine what punishment you could be faced with. Factors that are considered in sentencing include:
- The type of fraud;
- The value of the property involved;
- If you acted in any type of fiduciary position or other position of trust; and
- The extent of the fraud and the people involved.
Because sentencing in these crimes is case-specific, in order to fully understand the potential consequences of a fraud charge it is imperative that you reach out to an experienced attorney who can inform you of the potential punishment for the crimes you are faced with, as well as ways to mitigate the sentence you could receive.
Financial crimes have gotten more complex as technology advances so it is critical to have an attorney that understands the details of these crimes to aid in your defense. An experienced attorney can determine the weaknesses in the prosecution’s evidence against you and present applicable defenses in your favor.
Extensive investigations may occur prior to any charges being made. You may be under investigation from either federal or state law enforcement, or both. This could include record requests and inspections, as well as grand jury subpoenas. If you are under investigation, it is necessary to seek the advice and guidance of an attorney as soon as possible. An experienced attorney knows the tactics investigators use and can assist you through the investigation stage so you don’t put yourself in jeopardy later. Early planning and preparation is the key to protecting your interests in any criminal investigation.
Dan Blau has extensive experience in aggressively defending clients against a wide variety of fraud and financial crimes. He has advocated on behalf of clients in federal and state courts, at both the trial and appellate levels. If you are facing charges for fraud or other financial crimes, or if you are in the early stages of an investigation against you, you need a strong attorney to protect your interests. Call Daniel M. Blau today for a confidential and free consultation at (919) 256-3606.
919-256-3606
THOUSANDS OF CASES | DOZENS OF APPEALS | QUALIFIED SUCCESS
Order Vacated
State v. M.M., 209 N.C. App. 466 (2011) Client was ordered to enroll in lifetime satellite-based monitoring. RESULT ON APPEAL: Order vacated due to lack of jurisdiction.
Convictions Reversed
State v. L.P., 2011 N.C. App. LEXIS 1535 (2011): Client was convicted of misdemeanor larceny and sentenced to probation. RESULT ON APPEAL: Convictions reversed due to lack of evidence.
New Hearing Ordered
State v. A.N., 778 S.E.2d 863 (2015) Client pled guilty to robbery and was placed into deportation proceedings as a result of his convictions. RESULT ON APPEAL: New hearing ordered due to former attorney misadvising client about the consequences of his guilty plea.
New Trial Granted
State v. S.C., 802 S.E.2d 531 (2017) Client was convicted of felony assault and was sentenced to 65-90 months in prison. RESULT ON APPEAL: New trial granted due to violation of client’s constitutional rights at trial. (Appeal remains pending.)
Convictions Reversed
State v. G.B., 217 N.C. App. 380 (2011) Client was convicted of forgery and habitual felon and was sentenced to 70-93 months in prison. RESULT ON APPEAL: Convictions reversed due to lack of evidence.
New Trial Granted
State v. T.L., 217 N.C. App. 455 (2011) Client was convicted of robbery and kidnapping and was sentenced to 71-104 months in prison. RESULT ON APPEAL: New trial granted due to judge refusing to admit important defense evidence at trial.
Convictions Vacated
State v. J.D., 2017 N.C. App. LEXIS 327 (2017) Client was convicted of marijuana charge and habitual felon and was sentenced to 76-116 months in prison. RESULT ON APPEAL: Convictions vacated due to defective search warrant.
New Trial Granted
State v. S.R., 223 N.C. App. 325 (2012): Client was convicted of sex offenses and was sentenced to 307-378 months in prison. RESULT ON APPEAL: New trial granted due to judge allowing improper expert testimony at trial.
Convictions Vacated
State v. A.H. (2018) Client was convicted of multiple felony and misdemeanor counts of possessing weapons on educational property. RESULT ON POST-CONVICTION: All convictions vacated after statutes were ruled to be unconstitutional.
Conviction Vacated
State v. K.P. (2018) Client was convicted of first-degree murder and sentenced to life in prison. RESULT ON POST-CONVICTION: Conviction vacated due to ineffective assistance of counsel; client released with time served.
Please note that these are examples of prior cases in which we have obtained a positive result for our client. Every case is different, and we cannot guarantee a specific result in your case.