Bank Fraud - Laws, Sentencing, Penalties

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Bank fraud and mortgage fraud scams cost innocent individuals millions of dollar per year. Bank fraud is held in federal court under the governance of federal bank fraud laws. This type of fraud can include forged checks, credit cards issued to people impersonating others, uninsured deposits in unregulated banks and lending companies, or even falsification of a loan application in order to get money for a loan by a person that would otherwise not qualify. The various types of mortgage fraud mortgage fraud occur when an individual knowingly misrepresent information on a mortgage application in order to secure a loan or when a group of individuals, working together loans money on non-existent homes or inflates the price of homes in order to make a profit of the mortgage loan to a co-conspirator. The maximum bank fraud penalty can depend on a number of factors.

Bank And Mortgage Fraud Penalties

Not surprisingly there is increased pressure on may banks and lending companies to more closely monitor and prosecute those that are found guilty of Bank And Mortgage Fraud charges. These penalties typically vary with regards to the amount of the fraud value as well as the number of cases in which the individual is involved.

Possible Penalties

  • Jail time
  • Probation
  • Significant fines and fees
  • Restitution
  • Community service

Bank And Mortgage Fraud Sentencing

Typically sentencing for these types of crimes is fairly directly related to the value of the fraud as well as the circumstances under which it occurred. Bank fraud, either through loans, credit cards or check fraud is also lumped with internet banking fraud, and can result in much harsher sentences. Mortgage fraud for profit that includes several people working together to defraud the mortgage lends or major banks is also a very serious sentence.

There are some factors that may decrease or mitigate the charges, typically if the individual was coerced or somehow manipulated by another into the activity. An attorney may be able to work with the courts to attempt to get alternative sentencing and repayment of any money to the bank or mortgage lender in lieu of a jail sentence.

Should You Hire An Attorney For Bank And Mortgage Fraud Sentencing

It is essential to get a qualified and experienced attorney involved in bank and mortgage fraud charges as early as possible. In addition the attorney should have experience in negotiating these types of cases to prevent you from having to go to court or to serve any jail time.

Bank Fraud: Fines and Jail by State

Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!

StateAvg. FinesAvg. JailAvg. ProbationOther
Alabama$50-10,000.6-17months.5-36 months.
Alaska$100 or triple the amount, whichever is greater up to $1000Varies by CaseVaries by Case
Arizona$5,000 -5,00,000 .6-17months.0-30 years.
Arkansas5001 year36 monthscommunity service
California$500-5,000.46-71 months.24-30 years.
Colorado$5,000-45 million5-30 yearsupto 4 years
Connecticut$1500 -5000.12 -18 months .10-16 months.
Delaware$1000-$100000030 years 5 yearscommunity service
District of Columbia25000046-57 monthsTwo Years
Florida1500030 yearsVaries by Case
Georgia$500-$5,0001-5 years1-5 years
Hawaii$1000-$1 million30 years5 yearscommunity service
Idaho$50-1million3-10 years21-60 months
Illinois$5000-10000001-25 years24-30 months
Indianaup to $1,000,00030 yearsVaries by Case
Iowa$1 million30 yearsVaries by Case
Kansas$100000-7 million3-30 yearsupto 5 years
Kentuckyup to $1,000up to 1 yearup to 1 yearJudge may order restitution.
Louisianaup to $100,000up to ten yearsVaries by Case
Maine$1000 -1 million4-5 years5 yearscommunity service
Marylandfine not less than $50 and not exceeding $100 or both plus paying what you stoleup to 4 yearsVaries by Case
Massachusettsup to $300up to 1 yearup to 6 monthsJudge may order restitution.
Michigan$25,000-1,00,000.17-24 months.5-10 years
Minnesota$25,000-500,000Up to six months upto 5 years
Mississippi$1,000-$10,0001 year-60 yearsmay receive up to 3 years probationJudge may order restitution.
Missouri100.000-250.000 $10-15 yrs10 yrs
Montana$500.00-50,000 six months-10 years12 months community service
Nebraska2000000Up to 30 years (5 years supervised release)Varies by Case
Nevada$50-10,000.46-57 months5-10 years.
New Hampshire$50-10,0001-20 years6-60 months
New Jersey$10,000-$250,000up to 5 yearsup to 3 yearsJudge may order restitution.
New Mexico$1000-$1 million3 years12 - 18 monthscommunity service
New York$3000 to $250000 Varies by Case18 months to 20 years
North Carolina$50 - $500up to six monthsupto 5 years
North Dakota50,000-500,0002-10 years max5 years max Community service is a possibility.
OhioFine not to exceed 1,000,000Not more than 30-yearsVaries by Case
Oklahomaup to $250,000up to 15 yearsup to 3 yearsJudge may order restitution.
Oregon25,000 to 50,005 to 10 years10 years probation
Pennsylvaniaup to 1000up to 2 yearsup to 5 years
Rhode Island$500-$50001-15 yearsVarious by cases
South Carolina$50-10,000up to 10 years2-5 years
South Dakotaupto $1 millionUp to 30 yearsVaries by Case
Tennessee$500-1000,0001-30 yearsupto 36 months
Texas$10,000-$100,0001 year-15 yearsup to 5 yearsJudge may order restitution and/or house arrest after parole and/or community service.
Utahup to $1,0001-5 years2 months
Vermontup to $100037 months3 yearscommunity service
Virginia$200 or less fine10 days to 12 monthsVaries by CaseCommunity service
Washington$500000-1 million4-30 years5 yearscommunity service
West Virginia$500000-$100000010 -40 years4 yearscommunity service
Wisconsinup to $10,0000-1 yearVaries by Case

This article is provided for informational purposes only. If you need legal advice or representation,
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