Mortgage fraud cases are generally prosecuted under federal fraud statutes such as mail fraud, wire fraud and bank fraud, depending on the nature of the crime. A charge of conspiracy will also be brought in most cases.
In defending mortgage fraud allegations, it is essential for a criminal lawyer to make every effort to reduce the amount of loss from the outset of the case. In order to obtain a conviction for mortgage fraud, the government must prove that the defendant acted knowingly and willfully. If the government fails to show that the defendant knew he was deceiving the financial institution or persons borrowing the funds, there should be no conviction. In addition, if it can be proven that a person acted in good faith, believing that the information supplied to the financial institution was true and accurate, that is a defense to federal mortgage fraud charges.
Even if there exists substantial evidence of mortgage fraud, the critical issue at sentencing is the amount of the loss. An experienced criminal defense attorney must pay meticulous attention to every detail to analyze the facts to determine all offsets to the determination of the amount of loss — i.e. principal repayments, refinancing, foreclosure, etc.
For more than 30 years, Philadelphia attorney Hope Lefeber has defended individuals and businesses accused of federal mail and wire fraud crimes and mortgage fraud. As a former Enforcement Attorney for the United States Securities & Exchange Commission, Ms. Lefeber's experience enables her to understand how the federal government operates, and therefore, enables her to best prepare a winning defense. When you face federal allegations of mortgage fraud a thorough investigation is critical. Ms. Lefeber has at her disposal a team of experts and investigators that ensures the best preparation and strategy to obtain the best results.
I was facing 240 years, and, with Hope’s representation, I received just one year of home confinement. ... Read more from this former client
If you are being investigated or have been charged with mortgage fraud, it is critical that you work with an experienced federal criminal defense lawyer as soon as possible. To seek representation by an experienced defense attorney, contact the Philadelphia law office of Hope Lefeber by calling 610-668-7927 or completing our online form. Consultations are free and confidential.