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Financial institutions rely on accurate information to approve loans, process transactions, and protect customer assets. When federal authorities believe someone intentionally deceived a bank or other financial institution, they may pursue bank fraud charges carrying significant criminal penalties. These investigations often involve extensive financial records, electronic communications, and months of review before charges are filed.
If you are under investigation or have been charged with bank fraud in Atlanta, seek experienced legal representation as early as possible. Lowther | Walker defends individuals, business owners, executives, and professionals facing complex federal financial crime investigations throughout Georgia.
24/7 From Our Downtown Atlanta Offices:
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Call Us Today: (404) 496-4052
Federal bank fraud charges present an existential threat to businesses and executives operating in the Northern District of Georgia. Successfully navigating the complexities of 18 U.S.C. § 1344 demands legal counsel that understands both the intricate elements of financial crimes and the specific prosecutorial tactics utilized in the Atlanta metropolitan area.
Lowther | Walker, a premier white-collar defense firm based in Atlanta’s Centennial Tower, provides precisely this caliber of representation. The firm’s leadership combines elite legal acumen and deep-rooted investigative experience.
Partner Joshua Sabert Lowther, Esq., brings a distinct local advantage, having graduated magna cum laude from Atlanta’s John Marshall Law School, where he earned the prestigious Wig and Gavel award. His comprehensive knowledge of federal criminal law is complemented by the formidable background of his partner, Murdoch Walker, II, Esq., a former federal Task Force Officer. This law enforcement experience affords the firm a vital perspective on how federal agencies construct their bank fraud cases.
Declined Medicare Fraud Prosecution When the government alleges $100 million in fraudulent Medicare reimbursements, the stakes are undeniably high. Recently, our firm successfully represented the former director of a national laboratory targeted by federal authorities […]
Fraud Charges Dismissed In US v. J.C., the DOJ targeted our client, a public official, for their alleged involvement in a conspiracy to fraudulently obtain over $1 million in pandemic subsidies and loans. We dismantled […]
The FDIC-OIG, the HUD-OIG, and the FHFA-OIG investigated our client, a real-estate broker, for Mail Fraud, Wire Fraud, and Bank Fraud, based on the client’s allegedly conspiring to obtain $1.7 million in fraudulent mortgage loans […]
The FDIC-OIG investigated our client, a federal employee, for Bank Fraud and Perjury, based on the client’s obtaining over $600,000 in mortgage loans by allegedly submitting multiple materially false loan applications to multiple financial institutions […]
Declined Medicare Fraud Prosecution When the government alleges $100 million in fraudulent Medicare reimbursements, the stakes are undeniably high. Recently, our firm successfully represented the former director of a national laboratory targeted by federal authorities […]
Fraud Charges Dismissed In US v. J.C., the DOJ targeted our client, a public official, for their alleged involvement in a conspiracy to fraudulently obtain over $1 million in pandemic subsidies and loans. We dismantled […]
The FDIC-OIG, the HUD-OIG, and the FHFA-OIG investigated our client, a real-estate broker, for Mail Fraud, Wire Fraud, and Bank Fraud, based on the client’s allegedly conspiring to obtain $1.7 million in fraudulent mortgage loans […]
The FDIC-OIG investigated our client, a federal employee, for Bank Fraud and Perjury, based on the client’s obtaining over $600,000 in mortgage loans by allegedly submitting multiple materially false loan applications to multiple financial institutions […]
Federal bank fraud, under 18 U.S.C. § 1344, criminalizes knowingly executing, or attempting to execute, a scheme to deceive a federally insured financial institution to obtain money, property, or credit. Notably, prosecutors don’t have to prove the bank actually lost money. They only have to prove a scheme existed and that you knowingly took part in it.
That single detail surprises clients. A loan that was fully repaid, a transaction that ultimately made the bank whole — neither of those facts is a defense on its own if intent to deceive is proven.
Charges in Atlanta typically arise from one of these activities
| Allegation Type | Activity Involved |
|---|---|
| Mortgage or loan application fraud | Inflated income, falsified employment, or misrepresented collateral on a loan application |
| PPP / SBA loan fraud | False payroll figures or business information submitted for pandemic-era relief funds |
| False financial statements | Doctored statements submitted to secure commercial or business credit |
| Check fraud / unauthorized wire transfers | Forged checks, altered instruments, or unauthorized account access |
| Identity-based bank fraud | Using another person’s identity to open accounts or obtain credit |
Federal bank fraud cases require attorneys fluent in both financial forensics and federal criminal procedure. Our approach centers on getting involved early, reviewing records line by line, and negotiating from a position of preparation rather than reaction. We represent clients from the first phone call from an agent through sentencing, if it gets that far.
Lowther | Walker offers:
Insider Knowledge of the Opposition
The firm’s leadership understands precisely how the government builds financial cases. Partner Murdoch Walker II brings direct experience as a former DEA Task Force Officer, allowing the defense team to anticipate law enforcement tactics and exploit weaknesses in the prosecution’s investigation.
Experience Dismantling the Legal Elements of Fraud
A successful bank fraud conviction under 18 U.S.C. § 1344 requires the government to prove highly specific elements. Lowther | Walker strategically attacks these pillars by:
Challenging the requirement that the defendant had the “specific intent” to defraud.
Proving a lack of “materiality” regarding the alleged misrepresentations.
Questioning the “federally insured” status of the targeted institution.
Disputing the existence of a “scheme or artifice”.
Aggressive Constitutional Protection
If federal agents overstep their bounds by executing search warrants or seizing financial records without probable cause, Lowther | Walker files motions to suppress that evidence. Removing illegally obtained evidence can cripple the government’s case before trial begins.
A History of Landmark Trial Results
The firm does not just negotiate pleas; they win high-stakes litigation. In a notable case (United States v. B.O.), the firm secured a “Not Guilty” verdict on all counts for a client facing bank fraud and perjury charges.
While their headquarters are in Atlanta’s Centennial Tower, the firm’s command of federal law enables Lowther | Walker to defend clients facing intense DOJ, FBI, IRS, and SEC investigations across the nation.
1. The bank flags it first
Financial institutions are legally required to report suspicious activity. A large number of bank fraud cases begin with a bank’s own internal Suspicious Activity Report, which means the government may have been building a file long before you knew anything was wrong.
2. Someone talks
A former employee, business partner, or disgruntled borrower reports alleged irregularities to federal authorities, triggering a formal review.
3. It grows out of another case
Agents investigating something unrelated, such as tax issues, a business partner’s conduct, or a public corruption probe, can uncover banking irregularities along the way and expand the investigation.
By the time an agent calls or knocks on your door, they usually already have months of records in hand. The agencies most active in these cases locally include the FBI’s Atlanta Field Office, IRS Criminal Investigation, the FDIC Office of Inspector General, and the U.S. Attorney’s Office for the Northern District of Georgia.
Bank fraud cases are built on paper trails, not eyewitnesses. Before an indictment is even sought, investigators have usually combed through:
Worth knowing: in Atlanta, a single fraudulent wire transfer used to disburse a fraudulent loan can support bank fraud, wire fraud, and money laundering charges simultaneously. Multi-count indictments arising from one transaction are the norm, not the exception, in the Northern District of Georgia.
Federal bank fraud investigations in the Northern District of Georgia do not begin with an arrest; they begin with a quiet, methodical gathering of documents. By the time you realize you are under investigation, agents from the FBI, IRS-CI, or the FDIC Office of Inspector General have likely spent months reviewing your financial records, cross-referencing tax filings, and subpoenaing emails.
How you respond in the first 48 hours after discovering an investigation will heavily dictate whether you face a federal indictment under 18 U.S.C. § 1344.
If Agents Attempt an Interview
Federal agents frequently attempt unannounced “knock-and-talk” interviews at your home or business, hoping to catch you off guard. You have an absolute constitutional right to decline the interview and request counsel. Politeness is appropriate, but answering questions is dangerous. Even if you believe you have done nothing wrong, federal agents are trained to elicit statements that can later be construed as contradictory, potentially leading to separate felony charges for making false statements (18 U.S.C. § 1001). Inform the agents that your attorney will handle all communications.
If You Receive a Target Letter or Subpoena
A target letter from the U.S. Attorney’s Office is a formal notification that federal prosecutors believe they have substantial evidence linking you to a crime, and that an indictment is imminent. A grand jury subpoena for documents, on the other hand, means the government is actively building its case. Do not ignore these documents, and absolutely do not attempt to delete emails, shred files, or alter financial records. Doing so will immediately trigger obstruction of justice charges, which prosecutors are often happy to pursue even if the underlying bank fraud case is weak.
If a Search Warrant is Executed
If federal agents arrive with a signed search warrant, you cannot stop them from executing it. You should, however, ask for a copy of the warrant, carefully observe what the agents are searching and seizing, and politely decline to answer any questions about the documents or your business operations. Contact federal defense counsel immediately while the search is ongoing. Later, your defense team will scrutinize the warrant application. If the agents lacked probable cause or exceeded the scope of the warrant, Lowther | Walker can file motions to suppress the illegally obtained evidence, which can cripple the government’s case.
Federal bank fraud is not a minor charge. A conviction can carry:
The exact outcome hinges on the loss amount alleged, how the scheme is characterized, and your prior record — all of which are contestable, not fixed facts.
Every case is different, but successful bank fraud defenses tend to center on one of a few core arguments:
Because these cases depend on data from financial records, the earlier a defense attorney can access them, the more leverage you have to win your case and secure your freedom.
If federal investigators have contacted you regarding a loan application, banking transaction, wire transfer, or financial records, do not delay obtaining experienced legal counsel. Early representation can be essential to protecting your rights and preparing an effective defense.
Contact Lowther Walker today to speak with an experienced Atlanta bank fraud lawyer about your case.
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
Yes. Under 18 U.S.C. § 1344, actual loss is not required for a conviction. The statute outlaws the scheme to defraud or the attempt to execute a scheme. If you knowingly use false pretenses with the intent to deceive a federally insured institution, you can be convicted even if the scheme fails or the bank recovers the funds.
Materiality is a required element that the government must prove. It means the alleged false statement or omission must have been capable of influencing the financial institution’s decision. If you made an error on an application that the bank’s underwriters did not actually rely upon to approve the loan, that misrepresentation is not considered material, providing a strong defense.
In federal court, sentencing for bank fraud is heavily driven by the “loss amount” under the Federal Sentencing Guidelines. Prosecutors often argue for the “intended loss” (the amount the defendant allegedly tried to take), which is frequently much higher than the actual loss. Inflated intended loss figures dramatically increase recommended prison time, making it a critical point of dispute for your defense attorney.
Yes. Check kiting, which is the practice of “floating” checks between accounts at different banks without sufficient funds to cover them, is aggressively prosecuted under 18 U.S.C. § 1344. The federal courts view this as a scheme to give oneself an unauthorized, unsecured loan.
Yes. Because the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) were administered through federally insured financial institutions, the Department of Justice routinely uses the bank fraud statute to prosecute alleged pandemic relief fraud in the Northern District of Georgia.
Good faith reliance on professional advice is a potent defense against bank fraud. The government must prove you acted with “knowing” intent to defraud. If you provided inaccurate information because you were following the incorrect advice of an accountant or attorney, you lacked the requisite specific intent to commit a crime
Our attorneys intervene during the pre-indictment phase. Based in Centennial Tower in downtown Atlanta, we communicate directly with federal prosecutors, enforce your Fourth Amendment rights against unlawful searches, and aggressively litigate pre-trial motions to suppress illegally obtained evidence, often crippling the government’s case before it reaches trial.
Your lawyer will immediately submit a robust, evidence-backed rebuttal to CMS challenging the reliability of the underlying fraud allegations. Simultaneously, we prepare for federal court intervention to block the suspension if the agency oversteps its statutory authority or relies on flawed data analytics.
No. Under the False Claims Act (FCA), clinical eligibility requires a subjective medical opinion, not an objective certainty. A retrospective review by a government-retained expert cannot establish “falsity” if the attending physician made a good-faith, contemporaneous clinical determination of a 6-month life expectancy based on the patient’s medical records.
The DOJ investigates the whistleblower’s allegations in secret while the lawsuit remains under seal. To safeguard the provider, Lowther | Walker immediately deploys former FBI and HHS-OIG agents to execute a confidential shadow investigation. We isolate the flawed data points early, presenting an aggressive rebuttal to the U.S. Attorney to secure a government declination.
