Weymouth Criminal Defense Lawyer
Fraud Charges in Quincy
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?
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 criminal attorney. 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 Weymouth criminal defense attorney before speaking with the
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 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,
my firm is invaluable in defending you against fraud charges. I 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 me 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 criminal defense
attorney in Quincy, I aggressively pursue and handle each case as unique.
I pride myself on my professional skill in defending my clients and my
relentless protection of their legal rights throughout the criminal justice process.