Bank Fraud 18 U.S.C. § 1344

Bank Fraud 

Bank fraud is committed when individuals or entities knowingly engages in fraudulent schemes against financial a bank or other financial institution or when someone obtains money from a financial institution by means of false or fraudulent pretenses or promises.

 

The Criminal Elements Of Bank Fraud

Whenever someone is criminally charged with Bank Fraud, specifically for violating Title 18, United States Code, Section 1344, federal prosecutors from the U.S. Attorney’s Office have the burden to prove the case beyond a reasonable doubt. In order to obtain a conviction the Assistant United States Attorney assigned to the case must prove:

  • That there was a scheme to defraud a bank or other financial institution [or] to obtain moneys, funds, credits, assets, securities, or other property owned by, or in the custody or control of, a bank or other financial institution by means of false or fraudulent pretenses, representations or promises;

  • That the defendant knowingly executed the scheme; and

  • That the defendant acted with the intent to defraud; and

  • That the scheme involved a materially false or fraudulent pretense, representation, or promise

The Criminal Penalties of Bank Fraud

Upon being convicted of Bank Fraud, the U.S. Sentencing Guidelines stipulates penalties for defendants being sentenced from a range starting at a base level of 5 years to 30 years in prison, depending on the defendant’s level of involvement in crime, along with the amount of fraudulent monetary exposure they may be held liable for. Although not mandatory, being convicted of Bank Fraud carries the potential of a $1,000,000 fine and monetary restitution to the alleged victims. While being convicted and going to prison can be devastating to a defendant’s family, there are ways defendants can obtain an early release from custody.

Prison Survival and Early Releases

At American Prison Consultants, we can help you prepare for custody with our survival program FEDTIME 101 in the event you are sentenced to Federal Prison, and assist you in taking advantage of custody programs that can help inmates be released from custody up to 18 months early, as well as obtaining extra halfway time or spending up to the last 12 months of your sentence in a “Community Custody” status on home confinement going to work each day and living with your family.

Contact American Prison Consultants today at
855-5-PRISON, You’ll be glad you did!