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Bank Fraud Explained
Accusations of bank fraud elicit ideations of a masked individual demanding cash from a banking institution. However, although the accusations imply the illegal procurement of money, one is not the same as the other. Bank robbery is a blatant, public act in which an individual immediately announces intent to obtain money illegally. Bank fraud is the secretive version of taking money, often with the intent of getting away or perhaps never being discovered. A wide variety of actions results in charges of bank fraud. Federal charges such as bank fraud hold harsh criminal punishments if convicted.
Type of Bank Fraud
There is a wide variety of methods used to defraud a bank of their money. A few are more common than others due to the ease in which they occur. The more complex the behavior is, the more premeditation is necessary and therefore the harsher the penalty if found guilty. A few bank fraud practices include:
Mortgage Fraud Defined
Prosecuted as a federal crime, mortgage fraud is often a very complicated criminal act that can create ongoing, long-term problems for both its victims and offenders over time. The FBI defines this crime under two main categories: Fraud for property, and fraud for profit. Both forms of mortgage fraud involve some kind of conscious, deliberate misstatement, misrepresentation, or omission on behalf of the individual applying for a home loan, or on behalf of the loan officer, underwriter, or lender who funds or insures the loan.
Common Tactics
While the nature of the forms of these offenses is different, each with different intent, they share one glaring similarity: Both types of mortgage fraud are essentially theft crimes, committed by deception in order to acquire funds. Property fraud, which is committed by individuals applying for a home or property loan, typically involves one loan with the intent to pay the debt back, but the means by which the loan is acquired is through the use of dishonest, illegal documented statements. The same goes for profit fraud, only this kind usually entails multiple loans and various schemes to obtain the funds, which the offender usually has no intention to pay back. Common tactics used to commit mortgage fraud include the following:
Federal Money Laundering Allegations Defined
Chances are, if you have been accused of a money laundering crime, you were already aware of the seriousness of the crime before the allegations were filed against you, as it is an activity that has existed for many years. It has been heavily prosecuted, with ramifications that are far-reaching, wielding power to impact countless individuals and organizations, depending on the severity of the offense. This is because money laundering is not a simple, petty crime; it consists of many complex layers and often has a chain-reaction effect that leaves trails of damages.
If you are being accused of laundering activity, here are some steps to take:
Determine Whether Your Activity Is Considered Money Laundering
Laundering is categorized as a federal crime, meaning it is an illegal act according to U.S. legislation, prosecuted in federal courts. Money laundering acts range from health care fraud and human trafficking to narcotics trafficking and international and domestic public corruption. The FBI describes laundering as a process by which criminals conceal their earnings by somehow making the proceeds appear to come from a legal, legitimate source. This allows them to hide and accumulate large sums of money, giving them the ability to dodge prosecution and evade taxes. In short, they utilize these various activities to both generate and conceal the money they make.
Forms of Identity Theft that Result in Serious Criminal Charges
Like all kinds of fraud, identity theft crimes are costly for everyone involved. Some victims of identity theft may end up spending thousands of dollars and countless hours - often over the course of years - to restore their name and remove the damages that have tarnished their record. Offenders face serious criminal charges for such crimes, including prison time and significant monetary penalties, all of which have long-term consequences to the offender’s record and reputation.
Common ID Thefts
There are multiple forms of federal identity theft crimes, but the following three types of ID theft are especially common:
Medical
With the overwhelming, ever-growing costs of health care, it is not surprising that medical fraud is a common practice among identity thieves. Medical ID theft is used to obtain medical services and is committed in various ways, including stealing health insurance membership numbers, stealing medicare IDs, or issuing fraudulent billing to an individual’s health insurance provider in order to reap medical and/or financial benefits.
Order of Protection Restrictions
Behaviors that are considered by law to be acts of domestic violence can range greatly, encompassing much more than physical acts of violence. Cutting off or taking complete control over a partner’s finances, belittling them by calling them names, or diminishing their self-worth through emotional manipulation are all other forms of abuse according to the law. Any type of domestic abuse allegation is a serious matter and can severely alter the offender’s life over the long term.
One step many victims take to combat the abuse they experience is to pursue an order of protection against the offender, which significantly restricts the offender in terms of contact. In short, an order of protection serves to help keep an abusive person away from a victim. It is a formal court order that places various limits on the offender in the state of Illinois in the following ways:
1. Bars the abuser from sharing a residence with the victim.
Do You Qualify for Criminal Record Expungement?
The prospect of having a criminal record expunged is an appealing one. For new offenders who have an otherwise spotless record, having anything blemish that record can be discouraging, especially when the potential long-term effects are considered. Having a criminal record can impact everything from your reputation in your community and workplace to your ability to acquire or maintain a place of employment. If you desire to have your record expunged, you first need to see what the law says about the process and whether or not you even qualify.
The Criminal Identification Act Standards
The law determines who may be eligible for the expungement process in Section 5.2 of the Criminal Identification Act. Unless you are an honorably discharged veteran convicted of specific Class 3 or Class 4 felonies, you are only eligible to have your record expunged if you have never before been convicted of a criminal offense or municipal ordinance violation. Under Illinois law, your record cannot be expunged if it is federal or out-of-state. Other factors that disqualify your record from being eligible for expungement include:
Four Criminal Expungement Myths Exposed
For individuals in the state of Illinois who have never been convicted of a crime, having a record expunged has the power to bring an overwhelming amount of relief and to open up a world of possibilities for the future. Criminal expungement essentially “erases” your criminal record, which can help eliminate the fear of missing out on future employment opportunities or possibly experiencing negative effects on any current employment standing. The benefits of expungement extend even further when it comes to your overall reputation. A clean record can give you peace of mind, a fresh slate, and the confidence you need to move forward after your arrest.
Truths and Common Misconceptions
As beneficial as criminal expungement can be, there are many misunderstandings about the process and what it means for the offender once everything is all said and done. The following facts and misconceptions commonly cause confusion for first-time offenders approaching the topic of expungement:
Actions and Behaviors that Result in Domestic Violence Charges
The Illinois State Police report that domestic violence results in more injuries that require medical attention than a number of other violent incidents combined, including rape and muggings. Every fifteen seconds, a woman is beaten in the United States, and two out of every five women who are murdered are murdered by their husbands. With staggering statistics such as these, it is no wonder domestic violence continues to draw a heavy spotlight in our communities right here in Illinois state and throughout the nation.
Domestic Violence Charges Change Lives
Those accused of domestic violence offenses face a range of penalties, all of which yield the power to drastically alter the offender’s life. Under the Violence Against Women Act, a domestic violence act is considered a federal crime, with prison terms ranging from five years to life, depending on the nature of the bodily injury inflicted on the victim.
Along with prison time, offenders may be required to pay the victim for losses to account for any medical or psychological care, physical therapy, transportation, or temporary housing that was acquired due to the crime. They may also be held liable for child care expenses, lost income, attorney fees, and other costs that were incurred from obtaining a civil protection order. These fines, paired with jail time and damage to a reputation, can severely impact an offender’s life for the long term.
What Defines Domestic Violence?
According to the United States Department of Justice, a pattern of abusive behavior that is used by one partner to gain or maintain power and control over another intimate partner is defined as domestic violence. There are various types of abuse, ranging from sexual and physical to emotional and psychological abuse. Actions and behaviors that are illegal and can result in criminal charges include everything from hitting, slapping, and sexual assault, to undermining someone's sense of self-worth. Calling an intimate partner names, making threats against them or their family or pets, stalking, or harassing them in any way that steals their sense of safety is an act of domestic violence.
Other Types of Domestic Abuse
While we hear much about extreme acts of physical abuse when it comes to the topic of domestic violence, economic abuse is another form of domestic violence that has very damaging psychological effects on victims. Offenders who make or attempt to make their intimate partner financially dependent on them by taking complete control over financial resources are guilty of this crime. This includes withholding access to money, or even forbidding or preventing their partner from attending work. This is typically done through threats, fear, and intimidation.
The range of acts that are considered by the law to be domestic violence crimes is vast. If you have been accused of any of these crimes or feel the claim against you is unjust, it is important to speak with a qualified Chicago criminal defense lawyer right away to ensure your rights are not at stake. Call the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today at 312-629-0669 for a consultation.
What Warrants an Armed Robbery Charge?
Property crimes such as robbery and burglary have the power to drastically alter an offender’s life the moment they lead to criminal charges. Penalties for such crimes can range from serious fines and community service to lengthy prison time, all of which can easily blemish a previously clean record. Once these charges exist on a record, the ramifications extend much further, affecting everything from the offender’s current and future job prospects to their reputation throughout the community.
Criteria Required to Justify Armed Robbery
Whether you were in the wrong place at the wrong time, in the presence of unfortunate company, or simply made the decision to place yourself in a poor situation, whatever led you to face potential armed robbery charges, it is important to know how the law may sustain the charge against you. According to the law in the state of Illinois, at least three separate propositions must be proven in order to properly justify an armed robbery charge against someone. All of the following criteria must be proven beyond reasonable doubt to validate the charge:
- The defendant knowingly took property from someone: Considered a Class X felony, armed robbery must be justified with the conscious act of taking something that belongs to someone else.
Key Differences Between Probation and Parole
Whatever criminal charges you may be facing, there are a number of potential penalties and sentences that may be served as you move forward with the court process. Whether you have been accused of various property crimes, such as retail theft, burglary, or robbery, or you have been involved with a serious violent crime, such as domestic abuse or sexual assault, the sentence you are served in response to your criminal offense can vary in scope, length, and detail. In some cases, you may be eligible for parole or probation, two avenues often used by the justice system in combination with standard prison sentences.
The Prison Alternative
Depending on the nature surrounding the circumstances of your offense, chances are you will be incarcerated on some level if you are guilty of serious criminal activity. Alternatives to prison time do exist, but your eligibility for such options will depend greatly on the severity of your offense and the nature of your charges. Probation and parole are two common alternatives to incarceration, but they are often mistakenly confused as the same thing.
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