Lowther | Walker’s bank fraud lawyers have won landmark bank fraud defense cases nationwide. Our legal team’s background includes representing clients facing the following bank fraud charges:
Schedule a free confidential consultation with a bank fraud attorney for your bank fraud charge defense.
Our fraud defense attorneys possess an unparalleled command of 18 U.S.C. § 1344. We can navigate the intricacies of federal banking regulations, loan application protocols, and FDIC compliance to mount a strong defense against fraud charges.
Whether your case involves allegations of PPP loan fraud, mortgage fraud, or check kiting, our firm can effectively challenge federal jurisdiction and “intent to defraud” elements in courtrooms nationwide.
The firm’s defense strategy is sharpened by Partner Murdoch Walker’s direct experience within the prosecutorial and law enforcement systems.
With a background serving as a DEA Task Force Officer, Mr. Walker understands exactly how the government builds a financial crimes case. This insider perspective allows the firm to anticipate prosecutorial moves, identify gaps in federal investigations, and dismantle the government’s evidence behind accusations of bank fraud before it reaches a jury.
Lowther | Walker has secured landmark case results in high-stakes bank fraud litigation. Notably, in United States v. B.O., the firm achieved a Not Guilty verdict on all counts for a client facing bank fraud and perjury charges after a four-week retrial, following an initial mistrial they forced.
In United States v. J.C., despite overwhelming evidence of $1 million in alleged fraud involving pandemic loans, our lawyers negotiated a plea to a single count that resulted in probation rather than prison time.
Being charged with bank fraud under federal law means the government believes you intentionally used deception or pretenses to obtain money, assets, or other property from a financial institution. Bank fraud charges are filed under 18 U.S.C. § 1344, the federal bank fraud statute.
This statute is extremely broad. It allows prosecutors to bring charges against anyone who is accused of either:
Defrauding a financial institution, or
Obtaining money or property from a financial institution through false or fraudulent means.
18 U.S.C. § 1344 is often used alongside other federal fraud laws, such as statutes covering wire fraud, mail fraud, or conspiracy. This lets prosecutors pursue multiple overlapping charges for the same set of alleged actions.
Most federal bank fraud cases start with an investigation led by agencies like the FBI, the IRS Criminal Investigation Division (IRS-CI), or the U.S. Attorney’s Office. Investigations can begin in several ways:
Bank reports from financial institutions that are required to report suspicious activity under federal banking laws.
Whistleblowers or Informants, including individuals, often employees, business partners, or customers who report alleged fraud to federal authorities, sometimes for personal gain or protection.
Financial reviews that lead to routine audits, tax return reviews, or discrepancies in financial filings can also trigger an investigation.
When you are under investigation for bank fraud, one of the first and most important steps in your defense is to understand the source of the allegations and the evidence behind them. Knowing how the investigation started helps your defense team challenge the government’s narrative and identify weaknesses in its case.
Bank fraud charges include forgery, credit card fraud, Paycheck Protection Program (PPP) loan fraud, and Economic Injury Disaster Loan Program (EIDL) fraud. These bank fraud crimes include crimes committed by and against banks and other financial institutions.
There has been a sharp rise in fraud cases related to PPP loan fraud and EIDL loan fraud as individuals and companies sought to receive funds from the government to mitigate losses incurred during the COVID-19 pandemic.
Whether you are under investigation for a type of bank fraud or have been charged with some type of financial fraud or wire fraud, it is imperative that you retain expert and experienced legal counsel to represent you and defend your case.
Federal criminal charges relating to bank fraud are complex. If convicted, punishments can be severe, with fines up to $1,000,000 and/or prison sentences of up to thirty years. At Lowther | Walker, federal criminal defense lawyers Joshua Sabert Lowther, Esq., and Murdoch Walker, II, Esq. have decades of experience advocating for clients facing bank fraud charges.
Federal bank fraud laws, particularly 18 U.S.C. § 1344, cover a wide range of deceptive acts involving financial institutions.
Common forms of conduct that can lead to a federal bank fraud charge include the following:
• Hacking into a bank’s computer systems or financial networks
• Accessing customer or business bank accounts without authorization
• Creating or using shell companies to conceal fraudulent financial activity
• Using insider information or employment access to deceive or manipulate a bank
• Stealing or diverting bank funds for personal or third-party use
• Committing credit card fraud, check fraud, or other forms of account manipulation
• Submitting false information, forged documents, or stolen identities to obtain loans, credit, or deposits
These acts may result in prosecution not only under 18 U.S.C. § 1344, but also under related statutes such as 18 U.S.C. § 1006 (fraud involving bank officers or employees) and 18 U.S.C. § 2113 (theft or embezzlement from a financial institution).
Depending on the circumstances, additional charges such as wire fraud, mail fraud, money laundering, or tax evasion may also apply.
The PPP loan program has led to numerous allegations of fraud stemming from misrepresentation of eligibility, either unintentional or intentional. Regardless of whether or not you think you committed bank fraud, if you’ve been charged or accused, you need to hire knowledgeable and seasoned bank fraud lawyers like Mr. Lowther and Mr. Walker. They will represent your interests during every step of the bank fraud investigation or trial.
Some of the common forms of bank fraud associated with the PPP are as follows:
Loan stacking involves the same applicant receiving PPP loans from multiple lenders. Individuals or businesses that received funds from multiple lenders are early targets for charges, as the federal government can track the distribution of all PPP funds.
Applicants for PPP funds were required to certify that certain facts about their businesses were accurate in order to receive funds. Statements that had to be certified include, but are not limited to, the following:
Certifying these statements as true when they are, in fact, untrue can lead to charges of bank fraud.
The goal of an EIDL loan is similar to the goal of the PPP loan: to keep businesses afloat in a time when, outside of their control and without assistance, they otherwise would be unable to. Because the number of funds applied for and dispersed has reached a new high, the federal government is getting more serious about EIDL loan fraud, which means you might need to secure a criminal defense lawyer well-versed in bank fraud from Lowther Walker, LLC.
Lowther | Walker’s experienced bank fraud defense attorneys are available. 24/7 to respond to your case. Schedule your free consultation today to begin immediately defending your rights and protecting your freedom.
Yes, the government does not need to prove that the bank suffered a financial loss; they only need to prove that you engaged in a scheme to defraud or put the bank at risk of loss.
To secure a conviction, the prosecution must prove beyond a reasonable doubt that you acted with specific intent to deceive or cheat the bank, rather than simply making a mistake or an error in judgment.
Yes, providing false information regarding income, assets, employment, or debts on a mortgage or business loan application is one of the most common forms of bank fraud prosecuted by federal authorities.
While the general statute of limitations for most federal non-capital crimes is five years, Congress has extended the statute of limitations for bank fraud to 10 years.
Federal charges usually involve institutions insured by the FDIC and carry stiffer penalties, while state charges are often brought for smaller schemes or when the institution involved does not meet the federal definition of a financial institution.
Yes, a good faith defense argues that you honestly believed the information you provided was true or that you had no intention to deceive the bank, which can negate the required element of criminal intent.
A defense attorney can argue that the alleged misrepresentation was not “material,” meaning it was not significant enough to influence the bank’s decision-making process regarding the loan or transaction.
What should I do if federal agents attempt to interview me about a bank transaction? You should respectfully decline to answer any questions and immediately contact a defense attorney, as any statements made to investigators can be used against you and may inadvertently waive your right to silence.
If you’re facing federal charges and prosecutors are closing in, call Lowther | Walker to fight back. Our defense lawyers are available 24/7 to respond to your urgent case questions.
