Nashville Fraud Defense Attorney

If you have been accused of fraud, you are probably facing potential legal consequences, such as prison time, large fines, restitution, and many more. A fraud accusation can, therefore, cause emotional distress, financial losses, and damage your reputation.

So, if you are facing fraud charges in Nashville, TN, we highly encourage you to hire a skilled Nashville fraud defense attorney. Your lawyer will hire all the professionals, such as key expert witnesses and private investigators, needed to give you a fighting chance.

Looking for the best criminal defense attorneys in Nashville, TN? At Nash Law, our legal team has handled many cases involving fraud. We represent individuals charged with fraud in Nashville, TN. We will provide you with legal counsel and help you reduce charges or avoid conviction.

Contact us today at 615-NASH-LAW to request a FREE case evaluation with our firm.

What Are Some of the Types of Fraud?

Fraud is purposeful deceit designed to secure unlawful or unfair gain at the expense of someone else or to deny a right to a victim.

Here are the types of fraud:

Securities Fraud

Securities fraud is an illegal practice that targets investors to make investment decisions based on misleading or false information.

What Are the Common Types of Securities Fraud Schemes?

The common types of securities fraud schemes include; market manipulation, Ponzi or pyramid schemes, and insider trading.

• Market Manipulation – It consists of a series of transactions intended to artificially lower or raise prices. The purpose is to induce others to sell or buy.
• Ponzi or Pyramid Schemes – They occur when dishonest investors take advantage of unsuspecting people. How? They promise these individuals huge returns in exchange for their money.
• Insider Trader – It is the trading of a public company’s stock based on non-public, material information about that stock.

What Are the Examples of Securities Fraud Cases?

Some examples of securities fraud cases include:

• Advance Fee Schemes – In some cases, it happens when a fraudulent organization promises an investor huge returns if they pay an upfront fee. The organization may ask the investor to pay the fee in cash or wire transfer. The investor will never receive huge returns.
• Scam Artists – Scam artists usually prey on vulnerable or inexperienced investors. They mostly use promises of guaranteed returns and high-pressure sales tactics to entice inexperienced investors.

Identity Theft

Identity theft or identity fraud occurs when an individual uses someone else’s personal or financial information without their permission.

What Are the Common Methods Used in Identity Theft Schemes?

It is easy for criminals to steal our personal and financial information. In fact, they do not have to break into our homes to steal them.

• Stealing Credit Cards or Numbers – Criminals can steal your credit cards from your workplace. So, you have to watch your wallet or purse carefully.
• Installing Malware – You probably get spam emails. So, if you click the links in these emails, you may unknowingly download malware to your computer. The software can collect your personal and financial information.
• Physical Theft – Criminals can steal your sensitive data from your trash or mailbox. They often look for medical records and bank statements.

What Are the Impacts on Victims and Financial Institutions?

Victims and financial institutions can have their valuable possessions stolen, credit histories ruined, and bank accounts wiped out.

• Emotional Toll – Identity theft is a faceless crime. Unfortunately, it can trigger several emotional reactions. For example, if you are a victim, you may experience anger.
• Physical Toll – The victims may experience fear for their physical safety. Some victims may, therefore, experience physical illnesses, including body pain, heart issues, stomach issues, and even sweating.

What Are the Examples of Identity Theft Cases?

Here are the examples of identity theft cases:

• Social Security Number Misuse – If you are a U.S. citizen, then you were assigned a social security number at birth. However, identity thieves can steal your social security numbers and misuse them.
• Stolen Checks – Identity thieves may steal your personal information and use it to open new accounts and even write bad checks. It is expensive and difficult to fix this type of identity theft.
• Debit Card Or Credit Card Fraud – If a criminal steals your debit or credit card, they can use it to make unauthorized charges. You can, therefore, lose your money. And they can damage your credit score.

Bank Fraud

Bank fraud occurs when an individual or an organization illegally obtains money from a financial institution, such as a bank, through fraudulent methods.

What Are the Common Types of Bank Fraud Schemes?

Bank fraud can cost financial institutions significant amounts of money. Here are the most common types of bank fraud:

• Fraudulent or Forged Documents – Criminals can create, alter, or tamper with documents to deceive or fraud a financial institution. They use fraudulent or forged documents to open bank accounts and deposit checks. But, they are sure these checks will not clear.
• Bill Discounting Fraud – It happens when banks accept bills, which are not backed by enough collateral. So, if the person or organization does not pay the bill, the bank will lose money.
• Accounting Fraud- It occurs when a financial institution deliberately misrepresents important information or omits the information to misrepresent its financial position.

What Are the Examples of Bank Fraud Cases?

Here are some of the examples of bank fraud cases:

• New Account Fraud – In some cases, it occurs when a criminal uses synthetic or stolen identities to open a bank account with the intent of committing fraud. The criminals usually steal the identities of real customers through phishing or data breaches.
• Money Mules – Money mules are usually paid for their services. They transfer illegal money through a courier service on behalf of a scammer. Scammers hire money mules to help launder funds.
• Account Takeover – It occurs when scammers use stolen personal information to take ownership of an online account. Once they access the account, they change passwords. So, the real account owner will not be able to access the account.

Insurance Fraud

Insurance fraud happens when an insurance adjuster, agent, or company knowingly lies to obtain an illegitimate gain. It usually happens during the process of selling, using, buying, or underwriting insurance.

What Are the Common Types of Insurance Fraud Schemes?

Insurance fraud takes on different forms. Here are the most common types of insurance fraud schemes:

• Workers’ Compensation Fraud – This occurs when employers misrepresent the type of work carried out by their workers or their payroll to save on premiums.
• Healthcare Fraud – It occurs when providers bill for services not rendered, file duplicate claims, or perform excessive and unnecessary services, while they offer kickbacks.

What Are the Examples of Insurance Fraud Cases?

Criminals will try to cheat the system and make money from false claims. Here are some of the examples of insurance fraud cases:

• Staged Home Fires – In some cases, homeowners set fire to their own homes in order to make a large claim on their insurance. They usually remove their valuable items before starting their fire.
• Burglary, Robbery, and Theft – In some cases, however, homeowners may have staged robberies and burglaries in order to claim for their stolen items on their insurance. They can even make claims for items they did not own.

Mortgage Fraud

Mortgage fraud occurs when a person or a group of people defrauds or misleads a mortgage lender by providing false information about their debt history, income, employment, or the value of the property.

What Are the Common Types of Mortgage Fraud Schemes?

Here are the most common types of mortgage lender fraud schemes:

• Undisclosed Transactions – This occurs when someone withholds relevant information from mortgage lenders related to property transactions.
• False Documents – It occurs when someone submits false documents, such as altered or false bank statements, to mortgage lenders.

What Are the Examples of Mortgage Fraud Cases?

Mortgage fraud cases involve deliberately providing false or altered information on a loan application to obtain a more favorable mortgage rate.

Here are some of the examples:

• Employment Fraud – It occurs when someone falsely claims an elevated position or self-employment to misrepresent their income. They mostly do this for mortgage purposes.
• Appraisal Fraud – It occurs when someone intentionally undervalues or overvalues a home to secure a lower price or obtain more money.

What Are the Legal Elements of Fraud?

Businesses and individuals can be liable for fraudulent misrepresentation in Nashville, TN. Why? This is because fraudulent misrepresentation can lead to huge financial losses.

Material Misrepresentation or Omission

You must show that the representation that was made was false.

Intent to Deceive

You must show that the business or the individual making the claim should have known that the claim was false or must have known that it was false.

Reliance on the Misrepresentation or Omission

You must show that the misrepresentation or omission was an important factor in your decision to complete the transaction.

Resulting Harm or Loss

Lastly, you must show that you incurred a loss due to the misrepresentation or omission. It is very important to prove that harm or loss occurred.

If you have been charged with committing fraud, call our skilled Nashville fraud defense attorneys today.

What Are the Legal Consequences of Fraud?

A criminal fraud conviction can lead to legal consequences, such as fines, restitution, prison times, and parole or probation.

Here are the potential penalties for fraud charges:

Criminal fines

Money Laundering:

Fines up to twice the laundered amount (up to $500,000)
Prison sentence based on associated felonies (e.g., enterprise corruption, securities fraud)
Tax Evasion:

Individual fines up to $100,000
Corporate fines up to $500,000
Potential five-year federal prison term
Bank Fraud:

Fine up to $1,000,000
and/or up to 30 years in federal prison
Mail and Wire Fraud:

Maximum 20-year prison sentence
Potential fine up to $100,000 (if involving a bank) [18 U.S.C. Section 1343]
Securities Fraud:

Court-ordered fines based on fraudulent gains
Maximum prison term of up to 25 years [18 U.S.C. Section 1348]

Incarceration

You could serve from 6 months up to 30 years in federal prison.

Restitution

You may have to pay restitution to fraud victims. So, you may be ordered to reimburse the fraud victims for financial losses incurred because of your crime.

Civil Penalties

If there are grounds for prosecuting you for the offense, you could be invited to pay a civil penalty.

Remember, sentencing may vary based on the type and extent of fraud. The court will take into account your criminal history, the amount lost due to fraud, the number of affected victims, and your relationship with the defendant to determine the possible penalties.

Having a skilled and experienced Nashville fraud defense attorney represent you is of the utmost importance. They know the laws and help protect your rights.

Defending Against Fraud Charges

In our opinion, it is in your best interest to hire the best Nashville fraud defense attorney to help you defend against fraud charges.

However, here are the possible defense strategies:

Lack of Intent or Knowledge

The prosecutors are required to prove you acted deliberately to deceive the victim. So, if you made an honest mistake and did not deliberately mislead the victim, then you can win your case.

Insufficient Evidence

If the prosecutors do not have sufficient evidence to support the charge, they will not prove their case. And if the evidence was obtained illegally, then they can be excluded.

Entrapment

If you were coerced or induced to commit fraud that you would not have committed, then it could constitute entrapment. For example, police may use excessive pressure to trap you.

Violation of Your Rights During Investigation or Prosecution

If your constitutional rights were violated during investigation or prosecution, then you could potentially challenge the charges.

If you want to defend against fraud charges, then you need to consult with an experienced Nashville fraud defense attorney.

How a Nashville Fraud Defense Attorney Can Help

Criminal defense attorneys work tirelessly to defend those accused of fraud charges. They provide expert guidance, strong legal representation, and strategic advice. They thoroughly investigate the case and challenge the evidence. And they will ensure the rights of their clients are protected.

Get Help from an Experienced Nashville Fraud Defense Attorney

If you are facing fraud charges in Nashville, you are probably facing severe penalties, including large fines, jail time, difficulty finding employment and obtaining professional licenses, and many more. Hiring a fraud defense attorney can make a big difference in the outcome of your case.

A skilled fraud defense attorney has the skills and resources to help you fight fraud charges. Your lawyer can help you avoid a life-changing conviction. However, we recommend doing proper research to find the right fraud defense attorney.

If you are being charged with fraud in Nashville, TN, our legal at Nash Law, LLC, handles criminal cases in Nashville. We are ready to help you with all your legal needs. We will tell you your legal options and protect your rights. And we will do whatever it takes to get a more positive outcome for your case.

Call our office at 615-NASH-LAW to schedule your FREE case review.