Financial Fraud Defense Lawyers

Under 18 U.S. Code § 1341, financial fraud is a deliberate act of deception intended to benefit the offender or deprive a victim of their rights. Fraud often occurs in areas such as insurance, the stock market, and the mortgage industry, in which both individuals and businesses are frequent targets. Fraud charges can also fall under 18 U.S. Code § 1344, federal bank fraud, and 18 U.S. Code § 1028, which refers to identity theft and the production of false documents with the intent to defraud. 

To be charged with financial fraud, the accused must have both known they were misleading the victim and intended to gain an asset of value through their actions. Without both of these elements, law enforcement cannot mount a financial fraud case. 

A wide range of crimes can be categorized as financial fraud. Below are some examples.

Identity Theft

One of the most well-known forms of fraud, identity theft, involves one person using another person’s identifying information without their permission. This may include names, social security numbers, credit card information, and other personal financial data. The information is used to commit fraud by spending money, applying for credit or other programs, filing taxes, or getting medical care.

Embezzlement

Embezzlement involves a person who has been entrusted with money, property, or other assets and misappropriates or steals for personal gain. This is common in the workplace, where an employee may have access to assets they do not legally own. Generally, embezzlement is considered a form of fraud and theft.

Tax Fraud

Any individual or business that purposefully lies on, falsifies, or omits information from their tax filings is committing tax fraud to either get a larger refund or owe less money. This can also include claiming false deductions, such as reporting personal expenses as business expenses, or failing to report all income as required by law.

Insurance Fraud

Insurance fraud may involve any number of parties involved in the insurance coverage process. A claimant may try to secure an insurance benefit they are not entitled to, or an insurer can deny a benefit that is rightfully due to a claimant. Sellers commit insurance fraud when they sell fake or detrimental policies. Buyers may face insurance fraud charges for providing false information when purchasing an insurance product, such as medical insurance or mortgage insurance. 

Mortgage Fraud

Mortgage fraud involves deception occurring during the mortgage application process. Property buyers who use false information to obtain credit are committing mortgage fraud, as are lenders who do not properly distribute funds. A common scheme involves appraisers who falsely inflate value and then secure a cut of the profit. Other mortgage fraud schemes include improperly flipping a house or failing to pay with the intent of foreclosure.

Money Laundering

Money laundering is a method of concealing funds, typically those obtained illegally, by converting them into another form of money. The term refers to making dirty money clean in some way to disguise its source and often thwarting tax officials. Money laundering charges require some form of criminal activity, such as organized crime, at the source of the funds.

Racketeering

When organized groups run an illegal business, or a “racket,” or a crime ring uses legitimate organizations to embezzle funds, it is racketeering. This can include gambling, prostitution rings, drug trafficking, counterfeiting, embezzlement, and extortion. Other forms of fraud include bank fraud, credit card fraud, securities and commodities fraud, and pyramid schemes.

The federal laws that define fraud also define the penalties associated with each specific type of crime. Because these are taken seriously and sometimes considered crimes against the government, individuals can face lengthy jail sentences, heavy fines, and probation, with restitution for any financial damage they cause.

These statutes dictate a maximum jail sentence and fine for each crime. For example, fraud committed by defrauding a bank or falsely obtaining assets, known as “bank fraud,” carries a maximum of 30 years in prison and a maximum fine of $1 million. These limits are set per individual act of fraud, which means they can often accumulate. In the case of something like identity theft, every swipe of a credit card that isn’t yours could be considered an individual act of fraud and assigned these charges.

Even if these sentences and fines are not imposed, those convicted of white-collar crimes often receive probation. Restitution will usually be ordered, and while not everyone can pay back the large sums of money involved in a crime, they may have face wage garnishment for the rest of their lives as part of these rulings.

Financial fraud crimes have legitimate defenses. Lowther | Walker’s attorneys have an extensive background in fraud investigations and charges and can help you navigate your strategic defense options. 

You must be completely honest with your attorney during initial conversations. If you did commit an act of fraud, they need to know that information so they can help you minimize your consequences in court through legitimate defenses. Share all relevant documentation with them and help them understand the scenario in depth.

The financial fraud statutes define the criteria that must be met for someone to be found guilty. Proving one of those criteria wrong is generally enough to alleviate a fraud charge. Most lawyers will start with the knowledge and intent inherent to fraud. If you can show that you either were unaware of the deceit or did not intend to gain anything, this nullifies a fraud case.

Consider the four elements of embezzlement that must be satisfied by the prosecution:

• The defendant was in a position of authority that enabled them to commit the crime
• There is evidence that the defendant took, kept, hid, or used the asset without the knowledge and permission of its owner
• The property was embezzled for the defendant’s own benefit
• The defendant intended to permanently deprive a person or entity of the embezzled funds or asset

Financial fraud attorneys can dismantle any of these elements to support a reasonable doubt in the minds of the jurors. An absence of intent, insufficient evidence, good faith belief, or duress are all valid defenses in financial fraud cases.

An attorney with a background in financial fraud and other white-collar crimes can help you build these forms of defense. In many cases, skilled attorneys can even prevent a trial from proceeding and negotiate a plea deal, or a dismissal of charges if the asset is returned.

If there is any chance you may be charged with financial fraud, working with a financial fraud attorney from the initial case phases can help mitigate long-term consequences such as prison sentences and significant fines. 

• Insider Knowledge of Government Tactics

Unlike many defense firms that only react to charges, Lowther | Walker leverages the background of partner Murdoch Walker II, a former DEA Task Force Officer and investigative analyst. This experience provides the firm with a prosecutorial perspective, helping anticipate how federal agents build financial cases, identify procedural missteps in search warrants or wiretaps, and dismantle the government’s narrative before it reaches a jury.

• Proven Success in Billion-Dollar Fraud Cases

The firm has a track record of securing acquittals in, high-stakes litigation.

A standout example includes our defense in a $1.4 billion health care fraud conspiracy (the largest ever prosecuted by the DOJ at the time). After a mistrial, we secured a Not Guilty verdict on all counts in the retrial. This demonstrates our ability to manage complex document-heavy financial cases that would overwhelm smaller firms.

• Exclusive Focus on Federal Criminal Defense

Financial fraud cases are almost always federal matters, governed by complex statutes like RICO, the False Claims Act, and federal money laundering laws.

Lowther | Walker practices exclusively in federal court across all 50 states. We do not dilute their focus with state-level traffic or street crime cases, ensuring your defense is crafted by attorneys who live and breathe the specific nuances of the Federal Sentencing Guidelines and federal procedure.

• Strategic Pre-Indictment Intervention

The firm provides aggressive representation during the investigative phase before charges are formally filed.

We employ former special agents (from the FBI, IRS-CI, and DEA) to conduct independent confidential investigations. This proactive approach often allows us to negotiate with prosecutors to decline prosecution or limit the scope of the indictment, potentially saving clients from the public spectacle of an arrest.

• 24/7 National Crisis Management

Federal fraud raids and arrests often happen outside of standard business hours.

Lowther | Walker offers 24/7/365 availability, ensuring that if federal agents knock on your door at 6:00 AM, you have immediate access to counsel. Our nationwide footprint means we can fly to any jurisdiction in the U.S. to represent you, providing the same level of elite defense whether you are in New York, Atlanta, or California.