Federal Fraud Offenses Attorney

Federal Fraud Offenses Attorney

Types of Federal Fraud Offenses:

 

FEDERAL HEALTH CARE FRAUD CHARGES

What is Health Care Fraud?

It’s a federal crime to knowingly and willfully execute, or attempt to execute, a scheme or artifice to defraud a health care benefit program, or to get any of the money or property owned by, or under the custody or control of, a health care benefit program by means of false or fraudulent pretenses, representations, or promises.

A Defendant can be found guilty of health care fraud only if all the following facts are proved beyond a reasonable doubt:

  1. The Defendant knowingly executed, or attempted to execute, a scheme or artifice to defraud a health-care benefit program, or to obtain money or property owned by, or under the custody or control of, a health-care benefit program by means of false or fraudulent pretenses, representations, or promises.
  2. The health care benefit program affected interstate commerce.
  3. The false or fraudulent pretenses, representations, or promises related to a material fact.
  4. The Defendant acted willfully and intended to defraud.
  5. The Defendant did so in connection with the delivery of or payment for health-care benefits, items, or services.

What Are Some Examples of Health Care Fraud?

  • Submitting false claims to CMS for payment
  • Billing for services that were not provided
  • Kickbacks
  • Lack of medical necessity
  • Upcoding

What Are The Penalties For Healthcare Fraud?
The maximum penalty in a health care fraud case is 10 years imprisonment.  The maximum fine is $250,000, or twice the value of the property involved, whichever is greater.

However, if the fraud causes a person serious bodily injury the maximum penalty is 20 years imprisonment.  If the fraud causes a person’s death, the maximum penalty is life in prison.

 

FEDERAL MAIL FRAUD

What is Mail Fraud?
Mail fraud is the use the United States mail,or the use of a private or commercial interstate carrier like United Parcel Service or Federal Express,to carry out a scheme to defraud someone.

What Must The Prosecutor Prove In A Mail Fraud Case?
To prove mail fraud, the prosecutor must prove beyond a reasonable doubt that:

  1. The defendant knowingly devised or participated in a scheme to defraud someone, or obtain money or property using false or fraudulent pretenses, representations, or promises;
  2. The false or fraudulent pretenses, representations, or promises were about a material fact;
  3. The defendant intended to defraud someone; and
  4. The defendant used the United States Postal Service, by mailing or by causing to be mailed, or the defendant used a private or commercial interstate carrier, by depositing or causing to be deposited with the carrier, something meant to help carry out the scheme to defraud.

What are the Penalties for Mail Fraud?
The maximum penalty for mail fraud is 20 years imprisonment.  If the mail fraud affects a financial institution or is in relation to or in connection with a presidentially declared major disaster or emergency, the maximum penalty is 30 years in prison.

If the mail fraud involved telemarketing or victimized ten or more persons over the age of 55, or targeted persons over the age of 55, the penalty is enhanced.

 

FEDERAL BANK FRAUD CHARGES

What is Bank Fraud?
It’s a Federal crime to carry out or attempt to carry out a scheme to defraud a financial institution, or to get money or property owned or controlled by a financial institution by using false pretenses, representations, or promises.

A Defendant can be found guilty of bank fraud only if all the following facts are proved beyond a reasonable doubt:

  1. The Defendant knowingly carried out or attempted to carry out a scheme to defraud a financial institution, or to get money, assets, or other property from a financial institution, by using false or fraudulent pretenses, representations, or promises about a material fact.
  2. The false or fraudulent pretenses, representations, or promises were material.
  3. The Defendant intended to defraud the financial institution or someone else.
  4. The financial institution was federally insured or chartered.

What Are The Penalties for Bank Fraud?

If a person is convicted of bank fraud, the maximum fine is 1 million dollars, and the maximum prison sentence is 30 years.  The judge will also order a person convicted of bank fraud to pay back the money that they obtained as a result of the fraud.

In a bank fraud case, the amount of loss to the bank, actual or intended, will greatly impact a Defendant’s sentence.

 

FEDERAL WIRE FRAUD

What is Wire Fraud?
Wire fraud is financial fraud that involves the use of telecommunications (for example: the internet, phone lines, radio, or television).

What Must The Prosecutor Prove In A Wire Fraud Case?
To prove wire fraud, the prosecutor must prove beyond a reasonable doubt that:

  1. The Defendant knowingly devised or participated in a scheme to defraud, or to obtain money or property by using false pretenses, representations, or promises;
  2. The false pretenses, representations, or promises were about a material fact;
  3. The Defendant acted with the intent to defraud; and
  4. The Defendant transmitted or caused to be transmitted by wire or radio or television some communication in interstate commerce to help carry out the scheme to defraud.

What are the Penalties for Wire Fraud?
The maximum penalty for wire fraud is 20 years imprisonment.  If the wire fraud affects a financial institution or is in relation to or in connection with a presidentially declared major disaster or emergency, the maximum penalty is 30 years in prison.

If the wire fraud involved telemarketing or victimized ten or more persons over the age of 55, or targeted persons over the age of 55, the penalty is enhanced.

Are you looking for the best Federal Fraud lawyer in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of Federal Fraud.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of Federal Fraud cases.

If you or a loved one has been arrested for Federal Fraud in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.