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The criminal defense attorneys at the Law Offices of Adam R. Banner P.C. provide legal representation for those charged with fraud in the state of Oklahoma. Fraud is a deceitful act or intentional scheme that is designed to deprive another individual, group, or organization of their rights, or in some way cause harm. Fraud does not alway involve monetary gain. The penalties for fraud range from monetary fines to jail time depending on the type and extent of the charges. There are multiple types of fraud including insurance, wire, credit card, and tax fraud. Oklahomans charged with fraud should consult an experienced fraud defense lawyer to ensure their rights are protected.
We focus on protecting our client's rights and building strong defense strategies to ensure the best possible outcome in their case.
Criminal defense attorneys utilize a variety of defense strategies for those charged with fraud in Oklahoma. These defense strategies include proving lack of intent, a mistake or misunderstanding, a lack of false representation, a lack of reliance, no actual harm or loss for the alleged victim, duress or coercion, entrapment, insufficient evidence, expired statute of limitations, or the alleged victim's authorization or consent.
Individuals charged with fraud in Oklahoma should consult an experienced criminal defense attorney before talking to police. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished criminal defense attorney ready to fight for your rights. Call us today at (405) 778-4800 or visit our home page for a free consultation about your fraud case.
At the Law Offices of Adam R. Banner, our criminal defense lawyers provide experienced legal representation for Oklahomans facing fraud charges including insurance, wire, credit or debit card, tax, social security, check or bank, bankruptcy, mail, Medicaid, Medicare, mortgage, and securities fraud. Fraud charges are investigated by a wide range of state and Federal agencies such as the IRS, National Insurance Crime Bureau (NCIB), the FBI, and the U.S. Secret Service. Our attorneys help those charged through the entire legal process including investigation to trial.
Insurance fraud is the use of false or inflated claims in order to get benefits from an insurance company beyond what one is legally entitled to receive. Proving insurance fraud requires prosecutors to demonstrate the defendant knowingly misrepresented information, intended to deceive, and that the deception resulted in a financial loss to the insurer. An example of insurance fraud is exaggerating damages in a property loss report in order to increase the payout.
Cases of insurance fraud are investigated by state insurance fraud bureaus and the National Insurance Crime Bureau (NCIB). Investigations include audits of the claim, a review of relevant documentation, and interviews with contractors or adjusters familiar with the claim. Insurance fraud defense strategies include demonstrating that the reported damages were real and accurately reported, or that the discrepancies were caused by error rather than a deliberate attempt to defraud.
Wire fraud is the act of defrauding someone by using electronic communications such as a telephone, emails, or online transactions. The elements of wire fraud include a scheme to defraud, the intent to deceive by the offender, and a resulting or intended financial loss by an individual or organization. A common example of wire fraud is the use of phishing scams where an individual sends fraudulent emails or text messages that are designed to trick recipients into exposing sensitive financial information such as login usernames, passwords, or account numbers which are then used for unauthorized transactions.
Wire fraud offenses are investigated by the FBI, or Secret Service in conjunction with cybersecurity teams and internet service providers (ISPs). Legal defense strategies for those facing wire fraud charges involve arguing that there was no intent to defraud on behalf of the defendant or that the scheme originated with someone else.
Credit card fraud is the unauthorized use of a credit card, debit card, or card information, in order to make purchases or withdraw money from the associated accounts with the intent to defraud. Depending on the amount stolen, credit card theft can be charged as a misdemeanor or felony. Prosecuting credit card fraud requires proving the offender unlawfully acquired and used card information, intended to deceive the victim, and that the victim, whether person or business, experienced financial loss. Examples of credit card fraud include account takeovers, using a stolen card to make online purchases, card skimming, intercepting credit or debit cards in the mail, and smartphone theft which allows fraudsters to access sensitive financial information on the stolen device.
Tax fraud and tax evasion are a willful attempt by an individual or organization to reduce or eliminate a lawful tax obligation. Proving tax fraud requires prosecutors to demonstrate the offender had intent, gave false statements or omissions on tax documentation or forms, and as a result there was underpayment or non-payment of state or federal taxes. Two of the most common examples of tax fraud are the underreporting of income and the over-reporting expenses or deductions.
Federal tax fraud is investigated by the Internal Revenue Service (IRS). The Oklahoma Tax Commission (OTC) is the state agency responsible for investigating cases of tax fraud involving Oklahoma law and filings. Anyone facing tax-related charges in Oklahoma should speak with a tax fraud attorney to discuss legal defense strategies.
Social Security fraud involves the intentional and unlawful misuse of Social Security benefits or numbers to steal benefits or services for financial gain. Common types of Social Security fraud include identity theft, theft involving the misuse of Social Security numbers, fraudulent claims for benefits, lying about eligibility criteria, and pretending to be a Social Security Administration (SSA) employee. Proving fraud in these cases requires prosecutors to demonstrate the defendant intentionally made untrue statements, distorted or hid important facts, and that they did so with the intent to mislead the SSA.
Social security fraud is investigated by the SSA's Office of the Inspector General (OIG) in coordination with other state and federal law enforcement agencies. In defending clients against these charges, a Social Security fraud defense attorney uses a variety of strategies including challenging the intent of the defendant, presenting evidence that the fraud was due to an honest mistake, and arguing that the defendant lacked knowledge of the incorrect information.
Bank fraud is the use of deceit to defraud a financial institution or to unlawfully obtain money, credit, or other assets under false pretenses. The legal elements of bank fraud include a scheme to defraud, the intent to deceive the financial institution involved, and the actual or potential financial loss by that institution. One of the most common examples of bank fraud is passing bogus checks. Bogus checks are issued from an account that is closed or doesn't have sufficient funds in order to get cash, goods, or services.
Bank fraud is investigated by the FBI, the U.S. Secret Service, or banking fraud units at the state and Federal level. Legal defense options for those facing banking fraud include arguing the check was issued in error ,that the defendant did not intend to defraud the financial institution, or challenging the evidence presented by the prosecution that there was a deliberate scheme to defraud.
Bankruptcy fraud involves attempting to pay a creditor less than what they are owed by leveraging the bankruptcy process. This is accomplished by concealing assets, falsifying financial documents, initiating fraudulent transfers, or engaging in deceptive schemes with the goal of not paying back the money due to the lender. To convict someone of bankruptcy fraud prosecutors must prove that the individual knowingly made false statements, concealed property or assets, or filed petitions with the intention of misleading courts or creditors.
Bankruptcy fraud is investigated by the FBI and the U.S Trustee Program and is often coordinated with the Department of Justice. A bankruptcy fraud defense attorney can assist defendants during the investigation phase, and provide legal defense strategies such as challenging evidence, demonstrating a lack of intent, or claiming the defendant relied upon incorrect professional advice during the bankruptcy process.
Mail fraud involves using the U.S. postal service or private mail carriers such as United Parcel Service (UPS) or FedEx in a scheme to defraud someone of money, property, or services. Mail fraud can involve the use of false documents, invoices, or other forms of written communication through the mail to scam the recipient for financial gain. Examples of mail fraud include bogus charities, fake lotteries or sweepstakes, fake job offers, and Ponzi schemes. Convicting someone on charges of mail fraud requires prosecutors to prove that the defendant intentionally defrauded the victim, and that they used one of the mail carriers above to do so.
Mail fraud is investigated by the U.S. Postal Inspection Service and the FBI. A mail fraud defense lawyer assists those facing charges by providing guidance during the investigation and developing a defense strategy based on challenging intent, asserting that any misstatements were unintentional, or arguing that the use of the mail service was not integral to the fraud.
Medicaid and Medicare fraud is the act of unlawfully collecting funds from state or federal healthcare programs using schemes such as billing for services not provided, upcoding, double billing, unbundling, billing for unnecessary testing, kickbacks, and medical identity theft. To convict someone on charges of Medicare or Medicaid fraud the prosecution must prove that the individual or organization intentionally submitted or caused the submission of illegitimate claims with the intent to get a reimbursement.
Medicare and Medicaid fraud fall under the jurisdiction of the Department of Health and Human Services Office of Inspector General (HHS-OIG), Medicaid Fraud Control Units (MFCUs), and in some cases, the FBI. The penalties for health care fraud are severe, and those facing charges should consult a Medicare or Medicaid fraud defense attorney. A defense attorney advises the defendant during the investigation, and provides legal strategies such as challenging the accuracy of the billing records, arguing a lack of intent on behalf of the defendant, or that the improper reimbursements resulted from an administrative oversight rather than criminal misconduct.
Mortgage fraud is the act of intentionally misleading or providing incorrect information to a lender during the mortgage application or approval process. Proving mortgage fraud requires the prosecution to demonstrate that the information was knowingly false, it was used to influence the lender's decision making process, and that it resulted in financial harm. The most common example of mortgage fraud involves falsifying income to qualify for a loan.
Mortgage fraud is investigated by the FBI, the U.S. Department of Housing and Urban Development (HUD), and state-level agencies. The investigation process includes audits, loan application reviews, and interviews with mortgage brokers and property appraisers. Mortgage fraud defense strategies include arguing that any misstatements were made without the intention to deceive.
Securities fraud involves deceptive practices in the financial markets such as doctoring a company's financial statements or taking stock trades based on information that is not publicly known or "insider information". In the case of misrepresenting a company's financial statement's, prosecutors must prove the defendant knowingly falsified or omitted key facts with the intent to deceive investors, and that this deception leads to financial harm.
Securities fraud cases are investigated by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and sometimes involves the Federal Bureau of Investigations (FBI). Security fraud investigations rely on evidence such as emails, trading records, audit reports, and the testimony of whistleblowers. Legal defense strategies for securities fraud include demonstrating a lack of intent to defraud or arguing that the defendants actions did not influence the decisions of investors.
The penalties for fraud in Oklahoma include fines, imprisonment, and restitution to the victim. Fraud is charged as a misdemeanor when the amount involved is less than $1,000. Misdemeanor fraud is punishable by a fine of up to $1,000 and one year in county jail. Fraud is charged as a felony when the amount involved falls between $1,000 and $15,000. Felony fraud is punishable by a fine of up to $5,000 and up to five (5) years in state prison. Fraud involving more than $15,000 is punishable by fines of up to $10,000 and up to 8 years in state prison. In cases of either misdemeanor or felony fraud, the court can order restitution in order to repay the victim for their financial losses. The table below outlines the penalties for fraud in Oklahoma.
Fraud is defined as the intentional deception or misrepresentation of facts, including any act or omission intended to deceive another party in order to influence their decisions. To constitute fraud, the defrauded party must have reasonably relied on the deception and in the process incurred legal or financial harm.
The actions and omission listed below constitute fraud in the state of Oklahoma.
A conviction on fraud charges for any of the above acts can incur legal consequences and penalties according to Oklahoma law.
Yes, fraud is categorized as a white collar crime because it involves deception, misrepresentation, or manipulation that is non-violent and motivated by personal or business financial gain. In Oklahoma, those charged with fraud face penalties including fines, restitution to the victim of the fraud, and prison time. Because fraud cases can involve complex financial records, multiple investigating agencies, and multiple legal statutes, those charged are advised to hire a white collar crime attorney with experience handling fraud cases.
Fraud is the intentional use of deception to get money, property, or some sort of benefit. The core element of fraud is the use of false statements or representations by the offender to take something that was never lawfully theirs. Embezzlement on the other hand is the taking or misappropriation of property by an individual who was entrusted with its' safekeeping. The core element of embezzlement is that the offender had lawful access or control of the property, then misused it for personal gain.
Common types of fraud include obtaining property under false pretenses, using bogus checks, the false impersonation of another, and fraudulently obtaining a controlled dangerous substance (CDS). The charges related to these crimes range from misdemeanors to felonies depending on the type and extent of the crime.
Fraud crimes most often occur when an individual obtains some benefit as a result of their untruthfulness. In reviewing the definition of fraud listed above, it is easy to imagine all of the various ways a person can be "untruthful" under Oklahoma law.
When a person obtains property, goods, services, or anything else of value (including money) from another through the use of deceit or fraud, they are opening themselves to criminal liability.
The liability will depend mostly on the fraudulent activity and the amount the person was able to gain through the fraudulent representation or pretense. This also encompasses those situations in which someone employs a "confidence game" or "con game."
If the value of the money, property, or other thing of value received as a result of the fraud is under $1000, the charge will most likely be a misdemeanor offense.
However, if the amount is $1,000.00 or more, but less than $2,500.00, the charge will likely be a felony, and the punishment could be up to two (2) years in prison. If the amount is $2,500.00 or more but less than $15,000.00, the potential prison sentence is up to five (5) years. If the amount is $15,000.00 or more, the perpetrator could face up to eight (8) years in prison.
False or bogus checks, also commonly referred to as "hot" checks, are extremely common. Unlike many other forms of monetary fraud, bogus checks are not always intentional. Many people end up with a bogus check charge in Oklahoma not because they are trying to get something when they don't have the money, but more so because they are not being responsible enough with their finances.
Regardless, even a mistake on your part or a check hitting your account later than expected will not completely right the wrong. Simply being the victim of circumstance or not keeping a close enough eye on your bank account won't get you off the hook.
However, an isolated incident is often excusable. In fact, the Oklahoma laws on hot checks refer to "two or more false or bogus checks." If it is a single occasion, it is much easier to argue the incident was a mistake.
Still, if a person utters two or more bogus checks that together equal $500.00 or more, but less than $1,000.00, that person will face a misdemeanor charge and up to one (1) year in the county jail.
If the total value of two or more bogus checks is $2,000.00 or more but less than $2,500.00, the person will face felony charges and up to two (2) years in prison and a fine of up to $5,000.00.
Similar to other fraud crimes, if the total value of all the hot checks equals $2,500.00 or more but less than $15,000.00, the potential penalty is up to five (5) years in prison and a $5,000.00 fine. Bogus checks in the amount of more than $15,000.00 will result in a potential punishment of up to eight (8) years in prison and a $5,000.00 fine as well.
Another aspect of fraud is the personal aspect. It often occurs when a person is impersonating another. When someone assumes the identity or character of another person, they then become criminally liable for that activity.
The Oklahoma Statutes list various ways in which someone could falsely assume the identity of another. Regardless, the general gist is simple: if you assume the identity of another person and commit any act, whereby if it were done by the person who is falsely personated would result in any sort of commitment, liability, or penalty, you will face felony prosecution.
As with many other instances of fraud described here, there is often a financial component. If a person falsely impersonates another and receives any money or property as a result, with the intent to claim the same as their own, they will face punishment ranges similar to those outlined above and based on the specific value of the money or property received.
Moreover, those charged with the crime of false personation of another in Oklahoma can, in some instances, face a penalty of up to ten years in prison.
It is possible to face "fraud" charges in relation to Oklahoma's CDS laws as well. In situations where an individual tries to use either a fake or forged prescription to obtain drugs from a pharmacy, he or she can be charged with a drug crime with very serious penalties and repercussions. This problem is becoming more and more prevalent in the midst of Oklahoma's prescription pill epidemic.
