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Fraud involves using a lie, deception, falsehood, or dishonesty in an attempt to gain a benefit. The states and the federal governments have identified some types of fraud as criminal--typical fraud crimes are explained below.
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Federal law defines fraud as any intentional deception or misrepresentation used to benefit yourself or someone else. The federal government, through its prosecutors in the United States Attorneys' Office, penalizes various kinds of fraud specifically identified under federal laws.
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Insurance Fraud Laws and Penalties
Insurance fraud occurs when people deceive an insurance company in order to collect money to which they are not entitled.
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The unemployment insurance benefits program, commonly referred to as UI, is designed to provide people with an income when they are unable to find work, have been laid off, or are out of work because of factors out of their control. Each state has its own unemployment insurance benefits program that
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The crime of wire fraud occurs when someone voluntarily and intentionally uses an interstate communications device (such as a telephone) as a part of any scheme to defraud another of property, or anything else of value. Wire fraud is a federal crime with serious potential consequences. (18 United States Code section 1343)
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Mortgage fraud is often a complicated crime that can involve both mortgage lenders and borrowers. It's estimated, for example, that about 10 percent of the nation's mortgage applications contain either mistaken or intentional omissions.
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It's estimated that as much as 10 percent of all the money spent on health care every year is paid out on fraudulent claims. Health care fraud is a crime in which someone uses lies, deceptions, or falsehoods when filing a health care claim in an effort to make a profit or to gain some type of benefit.
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Securities Fraud: Sentencing and Penalties
The term “security” is a broad term that includes numerous types of investments, such as municipal bonds, corporate stocks, bank notes, investment contracts, and more.
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Anyone who uses the U.S. mail in an attempt to engage in fraud runs the risk of being prosecuted under the federal mail fraud law. One of the most frequently prosecuted federal laws, mail fraud is often charged by federal prosecutors because it can apply in so many situations, and because it applies to anyone who uses the mail.
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Insurance fraud is commonly associated with fraud committed by people, it may also be committed by the insurance companies themselves.
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Contrary to the common idiom, crime often pays. It can pay so much, in fact, that people with illegally acquired funds often develop complicated plans to make it appear as if the money originated from a legal source.
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When people or organizations have more debts than they can manage, they sometimes file for bankruptcy in a federal bankruptcy court. When you file for bankruptcy, your creditors can no longer on their own try to sue you or collect your property to satisfy unpaid debts.
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Using fraudulent or illegal means to avoid paying taxes is generally referred to as tax fraud or tax evasion.
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Felony tax evasion is perhaps the most infamous crime in the Internal Revenue Code. (26 U.S.C. § 7201.) To convict a defendant of this offense, the prosecutor must prove a tax deficiency (failure to pay taxes) and an intentional effort to avoid taxes.
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Tax Perjury: Lying on Your Tax Returns
Almost anyone who has ever signed a tax return—even the most forthcoming among us—has at least wondered what kinds of misrepresentations land taxpayers in hot water. Fudging tax documents is called “tax perjury”: It occurs when taxpayers intentionally file fraudulent documents or help others do the same. It’s a crime under federal law.
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What laws are broken when people fail to comply with tax rules?
Come mid-April each year, plenty of taxpayers scramble to file their tax returns. Some get extensions. Others simply file late. But, despite the potential civil and criminal penalties, some never file at all. Those who never pay—and who catch the government’s eye—face stiff penalties. So do those who don’t fulfill other tax reporting requirements.
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How does the government catch and prosecute tax violators?
Tax evasion can occur whenever an individual, business, organization or other entity intentionally misleads or provides incorrect information when filing their federal or state tax returns for the purpose of illegally...
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A tax conspiracy involves a group effort to cheat the government out of revenue or impede the Internal Revenue Service’s (IRS) efforts to enforce tax laws.
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Tax corruption is a federal offense that occurs when someone meddles with the Internal Revenue Service or its agents. It usually involves an effort to prevent the IRS from collecting taxes or auditing records. To prove a defendant guilty, a prosecutor must show that the person used corruption, force,
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Laws on State Sales Tax Crimes
State sales tax crimes can occur with a business either fails to pay state sales tax or someone collects states sales taxes from customers without subsequently paying the tax to the state. In most areas both state as well as local taxes...
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Can a retail theft gang be indicted under the federal RICO statute?
Retail theft can be a low-level crime like shoplifting by an individual, or a series of thefts and related crimes orchestrated by a sophisticated group of thieves. Federal prosecutors might be able to use RICO, the federal law that targets organized crime, to prosecute retail theft gangs—organized bands of shoplifters or identity thieves.
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What's the criminal liability of employers who don't collect taxes?
Under federal law, employers must collect, account for, and forward certain taxes to the government. The employer who doesn’t fulfill this obligation is liable for civil penalties and subject to criminal prosecution. Prosecution is possible for employers who decide not to collect required taxes or
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Is it illegal to post-date a check, so that it will be honored when I have enough funds in the bank?
Question: I own a small business and owed money to a vendor. He was pressing for payment so I wrote a check and dated it four days out when I knew I would enough...
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What are the consequences when a recipient cashes a post-dated check early?
Both state and federal law contain provisions that address the cashing or depositing of postdated checks before the date appearing on the check. The laws can vary from one state to the next, but several states have postdated check laws identical to postdated check provisions in federal law. State Law
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Does identity theft require the theft of the victim's physical documents?
Generally, identity theft, also called identity fraud, does not require the theft of the victim’s physical documents. While stealing a person’s credit card and driver’s license and using the items to go on a shopping spree is one kind of identity theft, identity theft laws target a much broader range of criminal activity.
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Can I be convicted of ID theft for using a fake ID to get into a bar?
Using a fake ID is a time-honored method of getting around age restrictions for young people who want to buy alcohol or get into a bar. While people younger than the legal drinking age use fake IDs every day without significant consequences, it’s possible that doing so will lead to criminal charges. In some situations the youngster can even be charged with identity theft.
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Can I be charged with using counterfeit money if I didn't know it was fake?
A retailer, merchant, or individual may be defrauded by unknowingly accepting counterfeit currency. The person who uses counterfeit cash to purchase goods or services may be arrested and charged with a crime or crimes. But what if the person who has offered the false money claims to have not known that the money was counterfeit? Has the person actually committed a crime?
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Speak to a Criminal Defense Lawyer
If you've been charged with a crime, you'll probably want to speak to a lawyer.