Fraud - Definition and Types

 In the broadest sense, a fraud is a deception made for personal gain or to damage another individual. The specific legal definition varies. Fraud is both a criminal offense and is also the basis for civil liability. Many hoaxes are fraudulent, although those not made for personal gain are not technically frauds. Defrauding people of money is the most common type of fraud and the type most frequently prosecuted.

Fraud in Florida has recently regained a renewed focus and priority for law enforcement. With a challenged economy, more fraud and alleged schemes to defraud are occurring. As such, more State and Federal resources are now being utilized to focus on the investigation, arrest and prosecution of fraud cases in Orlando, Central Florida and the State of Florida. Rick Jancha's experience indicates that as a result of these efforts, more and more individuals and businesses are being targeted for fraud investigations and arrest, for conduct and activity which is really civil in nature or simply a business dispute or failure. Law enforcement, at times, appears to be taking many of these unfortunate and unintended circumstances and interpreting them as criminal conduct. Criminal attorney Rick Jancha at times employ experts to assist with the client’s defense. These may include forensic accountants, valuation experts, appraisers, similar professionals in the industry to assist in establishing common business practices, handwriting experts, IT or computer experts, investigators or tax consultants.

          
With the heightened focus on fraud by the State of Florida and by the United States government, two recent areas have recently emerged as a priority for law enforcement. They are:

 

FLORIDA MORTGAGE FRAUD: Florida federal criminal defense attorney Rick Jancha is experienced and knowledgeable in the various areas that prosecutors and investigators focus on when pursuing or prosecuting a mortgage fraud arrest in Florida. Such cases could involve real estate or mortgage industry professionals or simply an investor who has filled out a questionable mortgage application. Often there are multiple loan transactions with several financial institutions involved, but not necessarily.

MARRIAGE FRAUD: These cases are prosecuted federally, by the United States government. Marriage fraud can take several forms and is essentially the act of entering a marriage for personal gain rather than a genuine desire to enter into a sincere marital relationship. Marriage Fraud is most often associated with obtaining immigration benefits. In the United States, marriage fraud for immigration purposes is punishable under INA §204(c)(1) and the Immigration Marriage Fraud Amendments of 1986. Possible criminal penalties include $250,000 and 5 years in prison as well as deportation and a permanent bar against receiving future immigration status. Marriage Fraud can be either unilateral or bilateral Unity and Immigration Policy in the United States. In a unilateral marriage fraud, only one party is aware of the fraud and the fraud is against both the immigration service as well as the other party. The innocent party may file a lawsuit and/or annulment of the marriage. In a bilateral fraud, both parties are aware of it and both parties are subject to criminal penalties.

OTHER TYPES OF FRAUD: Fraud can be alleged by many methods, including mail, wire, phone, and the internet (computer crime and internet fraud). The difficulty of checking identity and legitimacy online, the ease with which browsers can be diverted to a site and obtain credit card details, the international dimensions of the web and ease with which users can hide their location, all contribute to making internet fraud the fastest growing area of fraud and an ongoing focus of law enforcement.

Acts and Offenses which may constitute criminal fraud include:

  • Bankruptcy fraud
  • Check Fraud
  • Confidence tricks such as the 419 fraud, Spanish Prisoner, and the shell game
  • Consumer Fraud
  • Counterfeiting
  • Creation of false companies or "long firms"
  • Embezzlement
  • False advertising
  • False billing
  • False Driver’s License
  • False insurance claims
  • Forgery of documents or signatures
  • Health care fraud
  • Identity theft
  • Insurance Fraud
  • Internet Fraud
  • Investment fraud
  • Manufacture of Fake or False Identification ID cards
  • Marriage fraud to obtain immigration benefits
  • Medicare Fraud
  • Mortgage Fraud
  • Mutual Fund Fraud
  • Organized Fraud
  • Ponzi Schemes
  • Securities Fraud
  • Securities Frauds such as pump and dump
  • Stock Fraud
  • Telemarketing Fraud

Federal criminal defense attorney Rick Jancha is highly qualified and can take on any criminal defense pertaining to any type of fraud, as well as any fraud related case. As a federal criminal defense attorney Rick Jancha is qualified to defend any case throughout the United States. Fraud cases are incredibally complex, it is imperative that you have respresentation that not only knows the intracicies of the federal system, but has the experience to guide you through a complex fraud case.