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People facing allegations related to bank fraud must act quickly to protect their rights. A conviction for seemingly minor charges can result in a jail sentence and a criminal record that can make it difficult to obtain lines of credit in the future.
While the State does not specifically prohibit bank fraud in its criminal code, it does make it illegal to intentionally mislead a bank, falsely use a credit card, and forge or falsify financial documents. Presenting an effective defense to your charges requires a thorough knowledge of the law as well as the ability to interpret complex financial documents.
A well-versed Omaha bank fraud lawyer from Berry Law will fight allegations or criminal charges related to defrauding financial institutions. A skilled fraud defense attorney can gather powerful evidence to strengthen your case and fight for a positive outcome in court.
What Constitutes Bank Fraud?
There is no specific statute under State law that explicitly prohibits bank fraud. Instead, prosecutors and local criminal courts rely on an interpretation of several laws that collectively prohibit the false furnishing of information to financial institutions.
For example, Nebraska Revised Statute §28-638 says that it is a criminal offense to impersonate another to receive financial services. This becomes fraud when a person performs this act with the intent to gain a pecuniary benefit, such as a loan.
Neb. Rev. Stat. §28-619 also makes it a Class I misdemeanor to knowingly provide false statements to banks concerning one’s finances. This may include altered income levels or false credit history. Other examples of bank fraud in Omaha may include improper use of a credit card as well as the falsification or forging of financial documents.
The Significance of Intent in Bank Fraud Cases
Intent is very important in a bank fraud case. The prosecutor must be able to prove the defendant’s guilt beyond a reasonable doubt, and this includes establishing that he or she had criminal intentions. Therefore, it is not illegal to mistakenly provide false financial statements to a bank, but it is illegal to intentionally provide a false statement.
Additionally, Neb. Rev. Stat. §28-621 makes it illegal to possess financial documents that belong to another person with the intent to commit fraud at their expense. A seasoned Omaha attorney can argue that a defendant did not intend to commit bank fraud as is required under relevant statutes.
Reach out to an Omaha Bank Fraud Attorney Immediately
Allegations of bank fraud are extremely serious, and a conviction can lead to fines, a criminal record, and even jail time. Whether you have been accused of providing a false document to a bank, using a credit card without permission, or crafting fake debit cards, our team will fight to protect your future.
An experienced Omaha bank fraud lawyer is ready to help you battle these charges and clear your name. Get in touch with a professional from Berry Law today to schedule a confidential consultation.