Being charged with fraud is intimidating. A criminal conviction for fraud may include incarceration and financial penalties, both of which can be significant. In addition to the legal penalties that are common in fraud charges, fraud is a dishonest crime, which are crimes that involve cheating, acting deceitfully, or suggests a lack of integrity and have harsh penalties outside of the criminal courts.
The social stigma associated with dishonest crimes are difficult for an individual to overcome, long after the criminal penalties have been fulfilled. If you have been charged with fraud in Fredericksburg, contacting and working with an experienced fraud attorney can dramatically impact the outcome of your case and your future. En Español.
In Virginia, fraud is not limited to one crime. It includes credit card crimes, counterfeiting, and writing “bad checks” among other crimes. Fraud can be prosecuted both as a state crime and/or as a federal crime and it is not uncommon for one that charged with a crime to also be sued in civil court for the same act.
Whether a fraud crime will be charged as a state crime or as a federal charge is entirely dependent on the location of the crime and who is impacted by it. If the incident, which leads to an individual being charged with fraud occurs in Virginia and fails to have an impact on anyone living outside of the state, Virginia has jurisdiction over the individual and they will be prosecuted in state courts.
If, however, the incidents that lead to fraud charges impact people or entities outside of Virginia, federal agencies or federal programs, and/or involves a federally insured bank, the federal government also has jurisdiction and can prosecute the case. While the criminal penalties for fraud are serious, regardless of which court it is prosecuted in, being convicted of a federal crime seems harsher for numerous reasons, such as being incarcerated in a federal prison across the country, which impacts family visitation.
Theft of credit card numbers, counterfeiting credit cards, counterfeiting checks, or any form of legal tender, and theft of another person’s identity meets the threshold of fraud in Fredericksburg. Writing checks from an account with insufficient funds or that is non-existent further constitutes fraud. Misrepresentation, pyramid schemes, and theft of assets by someone in a position of trust, among other acts, is commercial fraud and can be criminally punished.
Altering or destroying a person’s will and embezzling, are crimes against an estate and constitute fraud in Fredericksburg. Similarly, exploiting an elderly person or vulnerable adult, which may include those with developmental disabilities, also constitutes fraud.
Additionally, theft of welfare benefits, which includes Medicaid, Supplemental Nutrition Assistance Program (SNAP) benefits, and housing assistance constitutes public fraud. Obtaining representation from the Public Defender’s Office is another form of public fraud.
When someone is facing fraud charges, there is a social stigma and they may face social pressures. These offenses can have long-term impacts and damage someone’s reputation. It is essential that they attain a Fredericksburg fraud lawyer a soon as they suspect they are being investigated for fraud. An attorney can ensure that their rights are being protected and they can have time to gather evidence and review important aspects of the case. The more time the person can give their lawyer to build a defense case, the stronger the case will be and there is a higher chance for a favorable outcome.
If you are facing fraud charges, then do not hesitate to contact a Fredericksburg fraud lawyer who can examine all the aspects of your case and advise you of all your legal options going forward.
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