Fraud Charges in Quincy
Norfolk County Fraud Defense Lawyer
Fraud is basically falsely representing something to be a fact. This representation is intended to deceive another and leads the person so deceived to act in a way which results in injury to that person. Dishonesty and betrayal of trust are the hallmarks of fraud. The false representation can be in the form of words spoken or written, or by conduct, or by not disclosing information that should have been disclosed. More commonly, fraud is usually covered under the term white collar crime.
What Happens After I Have Been Charged with Fraud?
There can be many types of fraud: insurance fraud, mortgage fraud, bank fraud, embezzlement, identity theft, credit card fraud and several types of computer crimes, to name a few. A person being investigated for fraud will often be approached by the U.S. Attorney's Office, the FBI or other law enforcement agency to be interviewed before any charges are filed, but it is imperative that the individual under suspicion of the crime remains silent.
Never speak with investigators before consulting with a Quincy attorney for your fraud charges.
If the authorities are unable to actually charge the person, and the person did in fact engage in the interview, he could then be indicted for making false or wrong statements, even if unintentional, or possibly obstructing justice, or damage a case for the defense. If you are charged with fraud or being investigated for fraud, it is imperative that you talk to a Quincy fraud attorney before speaking with the authorities.
Investigating fraud is quite often very complex, and usually involves an in-depth investigation of documentary evidence. This differs from other crimes, such as theft, drug trafficking, assault, etc. in that those crimes rely much more heavily on eyewitness testimony and physical evidence to prove guilt. Most fraud charges will entail scrutinizing bank statements, applications, payroll records, contracts, etc. There can be a massive amount of paperwork involved, which can also stretch a fraud investigation to many weeks or even months.
Prosecuting Fraud: The Factors
A prosecutor must prove a defendant is guilty of fraud by establishing the following five factors:
- First, in order for a statement to be fraudulent, it has to be connected to a material fact, meaning the false statement pertains to an important fact that is germane to the issue at hand.
- Second, the person making the statement knows it is untrue.
- Third, the statement is made for the purpose of causing the victim to incur some injury.
- Fourth, it must follow that a reasonable person (the victim) would believe the fraudulent statement since it was not a completely absurd or incredulous statement.
- And fifth, the victim does in fact suffer some injury that results in the victim being worse off than he or she was prior to the fraud.
Due to the complex nature of a fraud investigation and the detail involved, our firm is invaluable in defending you against fraud charges. We approach these cases with a ruthless eye in ferreting out the crucial data needed to protect you. It has happened that an innocent person has been caught unawares in the net of a fraud investigation, making it even more important for us to investigate all the necessary documentation and follow the paper trail in order to separate out the innocent from the guilty.
There can also be holes in the evidence presented by the government as well as inaccurate data, leading to less than factual conclusions. Armed with the specific correct and factual information, connecting the right dots and exposing inaccurate associations can mean the crucial difference between a conviction and a not guilty pronouncement.
As a defense attorney in Quincy, Attorney Dave Flanagan aggressively pursues and handles each case as unique. We pride ourselves in our attorney's professional skill in defending clients and his relentless protection of their legal rights throughout the criminal justice process.
Contact Flanagan & Associates today at (781) 808-3346 for a free consultation.
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