Federal Mortgage Fraud Defense in New York City
Mortgage fraud occurs when a person knowingly and intentionally misrepresents information, facts, or figures to a bank, underwriter, broker, or lender to obtain a loan. Historically, cases of mortgage fraud have been prosecuted in federal court under mail and wire fraud or bank fraud statutes, depending on the specific facts of the case. In many cases, prosecutors will also include charges of conspiracy.
Common targets of mortgage fraud investigations are: mortgage brokers, real estate professionals, appraisers, real estate lawyers as well as home purchasers and their relatives. In cases where FHA loans are involved, there is an extremely high level of scrutiny.
Examples of mortgage fraud may include:
- Providing false information on a loan application
- Using other individuals’ identity on a loan application
- Using false or altered pay stubs or other financial documents to support inaccurate information on a loan application
- Improperly appraising a property to inflate value
- Using a “straw buyer” to qualify for a loan while hiding the identity of the true buyer
- Taking out a mortgage loan but not making payments while renting the property until foreclosure, resulting in equity skimming
- Using a second mortgage to make a down payment on the first mortgage without the first lender’s knowledge or approval
If you are under investigation or have been charged with mortgage fraud, you need a skilled and experienced criminal defense lawyer on your side who will do everything possible to protect your rights and your freedom.
Defending You Against Allegations of Mortgage Fraud
New York City criminal defense lawyer Hope Lefeber represents people who have been accused of mortgage fraud in federal court. She knows that details win or lose a criminal case, and meticulously analyzes every piece of evidence the government intends to introduce. She has received numerous accolades for her work and has successfully represented high-profile clients, including executives at Fortune 500 Companies. She has lectured on federal criminal topics and has appeared TV as a legal expert.
Allegations of federal mortgage fraud are serious and can carry penalties that include a lengthy prison sentence, hefty fines, forfeiture, and restitution. If you are facing federal charges of mortgage fraud, you need an experienced, fierce, and tenacious criminal defense lawyer who will do everything possible to defend you against these charges.
Defenses to Allegations
To convict someone of mortgage fraud the prosecutor must prove, beyond a reasonable doubt, that the defendant knowingly and willfully deceived a financial institution or borrower. Without the element of knowing and willful deception, there can be no mortgage fraud.
Good faith is always a defense to allegations of fraud. If the defendant reasonably believed that information supplied to a financial institution was true and accurate, there can be no fraud conviction.
The amount of financial loss is always a critical question in a mortgage fraud case. To successfully defend against allegations of mortgage fraud, your criminal defense lawyer must work, from the beginning of the case, to reduce the amount of loss due to the alleged fraud. An experienced criminal defense lawyer will pay close attention to every detail in a fraud case, analyzing the specific facts to identify any offsets when determining the amount of loss, including principal repayments, refinancing, and foreclosures. Ms. Lefeber uses experienced forensic accountants and other experts to assist in the analysis of the evidence and to assist in strategic planning for the defense.
If you are under investigation or have been charged with mortgage fraud, you need a skilled and experienced New York City criminal defense lawyer on your side as soon as possible. A criminal defense lawyer can protect you by helping you respond to subpoenas, requests for documents, and requests for interviews by law enforcement personnel.
Hope Lefeber - New York City Mortgage Fraud Defense
New York City criminal defense lawyer Hope Lefeber has been defending people accused of crimes in federal court for more than 30 years. She is vehemently opposed to government overreach and prosecutorial overcharging, and zealously defends her clients’ rights. She is highly regarded by her colleagues in the federal bar, federal prosecutors, federal judges, and her clients, and has earned a reputation as an aggressive litigator whose clients are her first priority.
Ms. Lefeber began her career as an enforcement attorney with the United States Securities & Exchange Commission (SEC) where she learned first hand how the government prepares and prosecutes cases. Today, she uses that experience to defend people who have been charged with crimes in federal court. She is a tireless advocate who does everything she can in her pursuit of justice.
If you have been charged with mortgage fraud in New York City, contact Hope Lefeber today to schedule a free, confidential consultation to discuss your case. Call 610-668-7927 or complete the online form.