An unsuccessful transaction, disputed loan application or investor complaint can lead to a federal fraud investigation. The central defense questions concern the government’s allegations, the required elements and the evidence of what you knew and intended. Arkady Bukh Law Firm represents clients seeking defense against wire fraud and bank fraud charges in the United States.
The presence of an email or bank transfer does not, by itself, establish fraud. A useful legal assessment examines the alleged scheme and the role of the communications or financial institution in it.
Understand the two federal charges
Wire fraud under 18 U.S.C. § 1343 concerns schemes involving money or property and qualifying interstate or foreign wire communications used to execute them. Bank fraud under § 1344 addresses specified schemes involving a financial institution or property within its ownership, custody or control. The two provisions require separate analysis.
The ordinary wire fraud provision carries a maximum of 20 years of imprisonment, with a higher maximum in specified circumstances. Bank fraud carries a maximum of 30 years and a fine of up to $1 million. These are statutory maximums. They do not predict the sentence in an individual case.
Counsel should identify the counts, the transactions supporting them and the particular theory the government is advancing. Similar business facts can raise different issues under different statutory provisions.
Reconstruct the alleged representations
A fraud case often depends on what was said, when it was said and what the speaker knew. We review the complete communications rather than isolated excerpts. Contracts, loan files, financial statements and contemporaneous advice may help explain the commercial setting.
The sequence matters. A projection made before a market change differs factually from a statement made after the speaker learns that the numbers are false. The defense needs records supporting its account of knowledge and intent at the relevant time.
Reliance on an accountant, employee or adviser also needs factual support. Counsel should examine what information was provided, what advice was actually received and what the client did with it. A general claim that someone else handled the details may leave important questions unanswered.
Separate a business dispute from the charged criminal conduct
Commercial losses can arise without fraud, but describing a matter as a contract dispute does not resolve a criminal allegation. The task is to test the government’s proof of the offense it charges.
That work may include identifying accurate disclosures, examining whether the allegedly false statement was material and reviewing evidence of the client’s actual participation. A strong defense addresses unfavorable documents as well as helpful ones.
Where several people were involved, we assess the evidence concerning each person’s authority and knowledge. A corporate title or signature can be relevant without answering every question about individual criminal responsibility.
Review claimed loss and the broader consequences
The amount alleged in a complaint or indictment may require detailed analysis. Counsel should review the supporting calculation, the transactions included and the legal purpose for which the figure is being used. Sentencing, restitution and forfeiture involve related but distinct questions.
A forensic accountant can assist when the issue turns on complicated financial records. The engagement should focus on the disputed assumptions and documents rather than simply repeat a ledger in a different format.
If negotiations are considered, the defense should understand the factual admissions and financial consequences of any proposed agreement. A quick resolution is not necessarily an informed one.
Questions about wire and bank fraud defense
Should I send investigators documents that prove my position
Discuss the records with counsel first. The complete context, privilege issues and the effect of any accompanying explanation should be assessed before a submission. Preserve the originals and meet lawful obligations through an organized response.
Does repayment make the criminal allegation disappear
Repayment can be relevant to the case, but it does not automatically resolve an alleged offense. Counsel should evaluate its legal significance and any proposed communication with the claimant or government.
Discuss your federal fraud case
Contact info@arkadybukhlawfirm.com with the court or investigating agency and any upcoming deadline. Arkady Bukh Law Firm can discuss a defense engagement focused on the alleged representations, financial evidence and available legal arguments.
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