Fraud Defense Lawyer

Federal fraud is the crime of using deception or false statements to obtain money, property, or an advantage, and it is the single most common category of white-collar prosecution, carrying years in prison, heavy fines, restitution, and asset forfeiture. Fraud covers a wide range of specific offenses, from wire and mail fraud to bank, securities, insurance, and tax fraud, and prosecutors routinely stack several together with a conspiracy count. Because fraud turns on proving intent to deceive, these cases are frequently defensible, but only with the right lawyer and an early start. If you are under investigation or charged in New York City, a fraud defense lawyer should be your first call.

Varghese & Associates, P.C. is a federal criminal defense firm on Wall Street, in the heart of the Southern District of New York. Fraud defense is a core part of our federal white-collar crime defense practice, and the firm is led by Vinoo Varghese, a former prosecutor and one of the most recognized criminal defense attorneys in the country. Our fraud defense lawyers handle these cases in house, from the first subpoena through investigation, indictment, trial, sentencing, and appeal. Matters are not routed out to other firms.

Call now for a confidential consultation with a New York City fraud attorney. The earlier our fraud defense attorneys are involved, the more they can do.

What Is Fraud Under Federal Law?

Fraud is the federal crime of intentionally deceiving another person or entity, through a false statement, misrepresentation, or concealment, in order to obtain money, property, or an unfair advantage. The defining element of almost every fraud charge is intent to defraud, meaning the government must prove you acted knowingly and willfully to deceive, not that you made an honest mistake or a business decision that went wrong. Federal fraud statutes are written broadly, which lets prosecutors charge fraud in a huge range of situations, and it is why an experienced fraud defense lawyer focuses so heavily on attacking the intent element.

The Types of Fraud Our Defense Lawyers Handle

Fraud is an umbrella that covers many specific federal offenses. Each type below has its own in-depth page explaining the charges, statutes, penalties, and defenses. Start with the area that fits your situation, or call to speak with a fraud attorney directly.

• Wire fraud defense, the government's most flexible fraud charge, covering schemes carried out by phone, email, or electronic transfer (18 U.S.C. § 1343).
• Mail fraud, the same theory using the U.S. mail or private carriers (18 U.S.C. § 1341).
• Bank fraud, for schemes to defraud a financial institution (18 U.S.C. § 1344).
• Securities fraud, often charged alongside a parallel SEC action (18 U.S.C. § 1348).
• Insurance fraud, involving false claims or applications.
• Tax fraud and tax evasion (26 U.S.C. §§ 7201 and 7206).

Fraud charges are also frequently paired with conspiracy (18 U.S.C. §§ 371 and 1349), aggravated identity theft (18 U.S.C. § 1028A), and money laundering (18 U.S.C. §§ 1956 and 1957).

How Are Federal Fraud Cases Investigated?

Federal fraud cases are investigated by the FBI, IRS Criminal Investigation, the Securities and Exchange Commission, the U.S. Postal Inspection Service, and other agencies, often quietly for months or years before anyone is charged. These investigations use grand jury subpoenas, document demands, cooperating insiders, forensic accounting, and, increasingly, digital and financial data analysis. The first sign for many people is a subpoena, a target letter, or a knock from federal agents. That pre-charge window is the most valuable time to bring in a fraud defense attorney, because it is when the case can most often be narrowed or stopped before an indictment.

What Are the Penalties for Federal Fraud?

Penalties for federal fraud vary by offense but are severe, with wire, mail, and bank fraud each carrying up to 20 years in prison, or up to 30 years when a financial institution is involved, plus fines, restitution, and forfeiture. Federal fraud sentences are calculated under the United States Sentencing Guidelines, where the biggest driver is usually the dollar amount of the intended or actual loss, along with the number of victims and the sophistication of the scheme. Because loss controls so much of the sentence, contesting how it is calculated is one of the most valuable fights in a fraud case, and it is a central focus of our defense.

What Are the Defenses to a Fraud Charge?

Fraud turns on intent, and that is where the defenses concentrate. Every case is different, but the strategies our fraud defense lawyers commonly use include:

• No intent to defraud. Fraud requires a knowing, willful intent to deceive. A good-faith belief, an honest mistake, or a deal that went bad is not fraud.
• Good-faith reliance. Reasonable reliance on the advice of a lawyer or accountant can negate the intent the government must prove.
• No material misrepresentation. The government must prove a material false statement, not merely an aggressive or unusual transaction.
• Attacking the loss and the paper trail. Forensic accounting can dismantle inflated damages theories and the government's account of who did what.
• Suppression. Where evidence was obtained through an unlawful search, subpoena, or seizure, our attorneys move to suppress under the Fourth Amendment.

What Should You Do If You Are Under Investigation for Fraud?

If you learn you are under investigation for fraud, do not talk to federal agents, do not answer a subpoena or target letter on your own, and do not alter, delete, or destroy any documents or data. Call a fraud defense lawyer immediately. Anything you say can be used against you, and destroying records after you know about an investigation can turn a defensible case into an obstruction charge. You have the right to remain silent under the Fifth Amendment and the right to counsel under the Sixth Amendment. Preserve everything, say nothing without counsel, and let your lawyer engage the government.

How Our Fraud Defense Lawyers Can Help You

Our fraud defense attorneys represent clients at every stage, and they look for the earliest possible point at which the case can be won or shrunk:

• Pre-indictment defense. Responding to grand jury subpoenas and target letters, handling proffers, and negotiating with the U.S. Attorney's Office to seek a declination or reduced charges before an indictment is filed.
• Investigation and evidence challenges. Independently investigating the facts, testing the government's evidence, and filing suppression motions where evidence was unlawfully obtained.
• Motion practice. Moving to dismiss defective counts, limiting the government's proof, and litigating venue and severance where appropriate.
• Trial. Trying cases before federal judges and juries in the Southern District, the Eastern District, and other districts as engaged.
• Sentencing and appeal. Challenging the loss calculation, arguing for variances, defending against restitution and forfeiture, and pursuing appeals.

Is Fraud a Felony?

Yes. Federal fraud offenses are felonies, and the major fraud statutes carry up to 20 years in prison per count, or up to 30 years where a financial institution is involved, along with fines, restitution, and forfeiture. Even a first offense is a serious felony that can bring substantial prison time and a permanent criminal record, which is why every fraud allegation should be treated as serious from the start.

How Much Does It Cost to Hire a Fraud Defense Lawyer in New York City?

The cost of a fraud defense lawyer in New York City depends on the type of fraud, the complexity of the alleged scheme, the volume of records, and whether the case resolves before or goes to trial. Fraud cases involve extensive discovery review, forensic accounting, and detailed motion practice, so they require real work. Our fraud attorneys are transparent about fees from the first conversation and structure the representation to fit the matter. Given the prison exposure and forfeiture at stake, the more important question is usually what an inadequate defense can cost you.

A Fraud Defense Lawyer the National Media Turns To

When the biggest federal fraud cases in the country are in the news, networks and newspapers call Vinoo Varghese to explain what is really happening in the courtroom. That is the same judgment and credibility our fraud defense lawyers bring to your case. He has provided legal analysis for CBS News, Fox News, Fox Business, CNN, MSNBC, Court TV, HLN, BBC, Inside Edition, i24 News, Sky News Arabia, and Nancy Grace's Crime Stories, has hosted true-crime legal analysis for Vanity Fair, and has been quoted by The New York Times, The Wall Street Journal, the New York Law Journal, Law360, the New York Daily News, and the New York Post. A former prosecutor from the Brooklyn District Attorney's Office, he is a nine-time National Trial Lawyers Top 100 honoree, an eight-time New York Metro Super Lawyer, rated AV Preeminent by Martindale-Hubbell, and has served on the visiting faculty of Harvard Law School's Trial Advocacy Workshop.

Contact a New York City Fraud Defense Lawyer Now

If you are under federal investigation, have received a target letter or grand jury subpoena, or have been charged with any type of fraud anywhere in New York City, do not wait and do not talk to anyone but your lawyer. Fraud defense is central to our federal white-collar crime defense practice, and a fraud defense lawyer who has stood in the courtroom and tried the cases can change what happens next.

Call Varghese & Associates, P.C. for a confidential consultation. Our office is located at 2 Wall Street, Suite 310, New York, NY 10005, steps from the federal courthouses of the Southern District of New York.