Mortgage fraud occurs when a potential buyer makes misrepresentations to a lender to obtain a mortgage. It is considered a white collar crime, but because of the potential federal indictments that could accompany such a charge, an experienced Houston mortgage fraud lawyer is crucial to your defense. These charges are serious and can carry significant penalties.
If you’re facing a potential charge or have been arrested for mortgage fraud, contact The Law Offices of Richard Kuniansky. My experience as a federal prosecutor and defense attorney means that I’ve seen both sides of the courtroom. I can anticipate potential prosecutions and work toward the most optimal outcome for your case.
A conviction for bank fraud or mortgage fraud can lead to up to 30 years in prison and a fine of $1,000,000. In the face of such dire consequences, you need the counsel of The Law Offices of Richard Kuniansky.
For more than 35 years, I have aggressively defended the rights of people in Houston and throughout the United States against federal white collar criminal charges. If you face accusations of bank or mortgage fraud, I will draw from my considerable experience in an effort to keep you out of jail and give you back your future.
Although bank fraud and mortgage fraud are similar in nature, they have distinct differences:
White collar criminal charges require the federal government to prove intent. Having handled bank fraud defense and mortgage fraud defense for virtually every type of case imaginable, I examine the documentation and other evidence thoroughly, then set out to challenge the prosecution’s case.
These crimes would include wire fraud, bank fraud, or conspiracy charges. The statute of limitations is ten years, but fleeing the country to avoid arrest might extend that timeframe.
The specific penalties that you face depend on the specific charges. Some of the relevant federal laws include:
Mortgage fraud crimes can happen in a variety of ways, but the end result is that the lender isn’t given accurate information regarding a property. Some of the more common ways that mortgage fraud is committed include:
The penalties for mortgage fraud are determined by the sentencing guidelines for the specific crime involved, the harm that the fraud caused, whether this is a first or repeat offense, and anything else that the judge deems relevant. Some of the consequences that are often included in mortgage fraud in Houston include:
There are a few different ways that a mortgage fraud attorney can defend against accusations of mortgage fraud. One of the more common defenses involves the question of intent. In most cases, for something to be considered fraudulent, there must have been an attempt to commit the fraud and unlawfully gain a benefit from that deception. Arguing a lack of intent claims that fraud was not the reason behind whatever evidence appears to be fraudulent.
There are a couple of different ways that one could argue a lack of intent. One is that you were just unaware that you had the wrong information. If you had good cause to believe you were providing true information, then it could be hard to argue you intended to defraud the recipient of that information. This can typically be shown by demonstrating that you received incorrect information from someone or somewhere else.
Another way to argue a lack of intent is to argue that you made a simple mistake. If you can say that there was no attempt to deceive, then you simply made an error and hadn’t noticed. Often, this can be an easier argument to make if there was something confusing or unclear about the instructions or how the information was asked for.
Many instances of bank or mortgage fraud involve business entities accused of falsifying documents or working with fraudulent brokers. However, private individuals can also find themselves on the receiving end of federal charges. For example, loan officers frequently end up scapegoats when they inadvertently approve loans based on a borrower’s falsified documents. As a former prosecutor who now focuses on federal fraud defense, I understand the infinite regulations and details of these cases inside and out – and how best to protect your rights.
The circumstances are dire if you believe that you are under investigation or you have already been charged. Contact me for the aggressive and thorough defense you need against federal criminal charges. Please call me at 713-987-3902 or send me an email to schedule your initial consultation.
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