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Posted by on May 22, 2019

Lorraine Gauli-Rufo an experienced federal criminal defense attorney who represents clients who are investigated and/or charged with Mortgage Fraud. These cases are prosecuted by the Federal Government under one of several statutes including mail fraud (18 USC § 1341), wire fraud (18 USC § 1343), and bank fraud (18 USC § 1344). They can either be charged substantively or as conspiracies, meaning with others.

As with all criminal charges, the Government bears the burden of proof and must prove every element of the offense beyond reasonable doubt. If the Government is not able to prove every element there can be no conviction. The punishment for a conviction of mortgage fraud can be up to 30 years in prison and $1,000,000 fine or more. The elements of the crime the Government must prove depends upon what crime the government charges. A common charge involves fraud in applying for a mortgage.  Some common elements for such an offense are as follows:

  1. There is a known or intentional misinterpretation or omission in applying for a mortgage;
  2. There is an overvaluing of the property, assets, salary in the application;
  3. False information is provided in the mortgage application such as a name, social security number, address and/or other identifying information; or
  4. The mail or a wire service such as a fax, or Western Union are utilized in connection with the mortgage application.

Bank, mail or wire fraud charges require proof that the individual charged acted with the intention to defraud. There are defenses to such charges such as having no intention to defraud, and mistakes made in good faith. In the mortgage fraud cases, it is important to retain an experienced NYC Federal Criminal Defense Attorney such as Lorraine Gauli-Rufo to protect your freedom and your rights. If you or someone you know or care about is charged with mortgage fraud, you should contact Lorraine Gauli-Rufo. She is a respected, experienced and zealous advocate for her clients. She has 25 years of federal criminal defense experience and is the white-collar criminal defense attorney many turn to when faced with charges brought by the Federal government. She is well-known in criminal defense circles in New York and in Verona, Montclair, Cedar Grove, Newark and all areas around New Jersey.

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