Columbia Fraud Lawyer
If you have been charged with one of the many criminal fraud offenses, you need a defense lawyer with in-depth knowledge of both South Carolina and federal criminal law, including all theft and fraud laws.
Cases pertaining to fraud can be long and complex and they require the legal representation of a professional who has handled fraud cases at every stage and every level.
Do not delay in contacting Columbia fraud lawyer who will treat your case as if it’s his or her only case.
Tax Fraud
Sometimes, when individuals are suspected of tax fraud but do not owe very much, they are not charged with a crime. Instead, the IRS may impose stiff penalties and interest.
However, if the IRS finds evidence of more serious tax fraud in which an individual or business intends to hide taxable assets or otherwise avoid tax liability, the accused may face serious felony penalties including long jail sentences and massive fines. Some common types of tax-related fraud that a Columbia fraud attorney may be able to assist with include:
- Failing to file a tax return
- Claiming deductions to which one is not entitled
- Inflating the amount of losses they can claim
- Claiming a lower income than was made
- Including many intentional errors in their tax return
Mortgage Fraud
In the United States, mortgage fraud is generally grouped into three categories: fraud for housing or property, fraud for profit, and fraud for criminal enterprise. Below are brief explanations of each category.
- Fraud for housing or property—this type of fraud is usually committed by the borrower or loan officer in order to obtain a mortgage. For instance, providing certain false information about assets, employment, or income during the application for a mortgage is considered fraud.
- Fraud for profit—this classification is generally known as a “scheme” and usually involves a group of individuals working together in different roles to advance the fraud. Mortgage loan officers and loan processors may work together with property appraisers to falsify aspects of a borrower’s application as well as inflate the value of the property. In this case, the borrower may be completely unaware of the scheme to defraud.
- Fraud for criminal enterprise—in these cases, there is usually a criminal enterprise such as money laundering behind a mortgage. For example, the flipping of a property in order to launder money acquired via an unrelated crime would fall under this type of fraud.
Other Types of Fraud Cases
There are myriad types of fraud offenses, most of which fall under the umbrella of “white collar crime”. White collar crime cases tend to involve very large amounts of documentation and complicated analysis and should be handled only by serious and competent attorneys. Some examples of fraud include:
- Health care fraud
- Insurance fraud
- Securities and investment fraud
- Mortgage fraud
- Bank fraud
- Mail or wire fraud
Whether a person has been charged with tax fraud, mortgage fraud, or any other type of fraud, they need a trusted Columbia fraud attorney who knows the best way to handle their case from start to finish.
Defending Against a Fraud Charge in Columbia
A skilled lawyer understands it is not uncommon for individuals to be falsely accused, and knows how to complete a thorough investigation that could potentially convince a jury the defendant is innocent of fraud. In order to show a crime of fraud was committed, the prosecutor needs to prove beyond a reasonable doubt the existence of five elements that classify the activity as a crime. These five elements are:
- A misrepresentation of a material fact existed. A material fact is one that is considered significant enough that it could influence someone’s decision.
- The accused individual knew they were representing that fact
- The accused individual intentionally made the misrepresentation with the intent of committing the fraud
- The alleged victim of the fraud believed the misrepresentation and based their decision on that misrepresentation
- The misrepresentation caused the alleged victim to suffer damages
If all five of these elements do not exist, the prosecution has failed to prove that the accused individual committed fraud. A seasoned local fraud lawyer understands how to identify if these elements exist in the prosecution’s case and, if so, how to defend against them. An experienced defense attorney can carefully investigate the evidence that law enforcement collected and look for weak spots in a case.
Consult a Columbia Fraud Attorney Today
If you have been accused of any type of fraud, from bank check fraud to securities fraud, do not face your charges alone. Find the guidance and zealous representation of a lawyer who is determined to help you fight your case successfully.
For more information about how a Columbia fraud lawyer can help you fight your charges, contact us today.