Bank Fraud

The Federal Government has control over the prosecution of individuals or entities who commit Bank Fraud.  Bank Fraud is alleged to have occurred when someone knowingly executes, or attempts to execute, a scheme or artifice—(1) to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises.  18 USC §1344.  Bank Frauds can arise through conduct such as Embezzlement, Loans to Uncreditworthy Borrowers, False Statements, False Entries and Bank Bribery.

Representative Case

United States of America v. Developer – United States District Court, Middle District of Florida – Trombley & Hanes, P.A. represented a developer charged with participating in a nationwide mortgage fraud scheme perpetrated by two real estate investors.  Trombley & Hanes, P.A. negotiated a resolution with the government and the Defendant received a sentence of probation.

Bank Fraud – United States of America v. National Bank, United States District Court, Northern District of Florida – Trombley & Hanes, P.A. represented a bank executive accused of conspiring with other members of the bank and a separate bank to defraud the FDIC.  The Government charged executives of the other bank with various offenses related to defrauding the FDIC, but Trombley & Hanes’s client was not charged.