Federal Criminal Bank Fraud

Title 18 United States Code Section 657 and Section 656
 
In these types of federal criminal cases, the United States Attorney must prove beyond a reasonable doubt each element if you have been indicted under Title 18 United States Code Section 656:

1. You were an officer, director, agent or employee of, or connected in any capacity with, a bank or one of certain enumerated entities;
 
2. the bank or entity was, among other things, a Federal Reserve System member bank, a national bank, a federally-insured bank, a Federal Reserve bank, a depository institution holding company, an insured bank, branch, agency of a foreign bank, or an organization operating under section 25 or section 25(a) of the Federal Reserve Act (e.g., a foreign subsidiary of a United States bank or an Edge corporation);
 
3. You willfully misapplied moneys, funds or credits of the bank or entity or moneys, funds, assets or securities entrusted to the custody or care of the bank or entity; and
 
4. You acted with the intent to injure or defraud such bank or entity.

As Criminal Attorneys we defend indictments brought by Federal Criminal Prosecutors under Title 18 United States Code Section 657 against officers, agents or employees of, or connected in any capacity with, among others, a federally-insured savings association or credit union, or one of certain enumerated government entities.

White collar criminal attorneys know the third element of a Title 18 United States Code Section 656 offense requires proof that you willfully misapplied "moneys, funds or credits" of the bank or entity or "moneys, funds, assets or securities entrusted to the custody or care" of such bank or entity.  

White collar crime attorneys also know Title 18 United States Code Section 657 is similarly worded. It requires proof you willfully misapplied "moneys, funds, credits, securities or other things of value belonging to an institution, or pledged or otherwise entrusted to your care."

Title 18 United States Code Sections 1005, 1006: False Entries in Financial Institution

As Criminal Lawyers we also defend Title 18 United States Code Section 1005 cases where it is a federal crime for (1) officers, agents or employees to make, (2) "any false entry in any book, report, or statement," (3) of, among others, a Federal Reserve Bank, member bank, depository institution holding company, national bank or federally-insured bank, branch or agency of a foreign bank or an organization operating under section 25 or 25 (a) of the Federal Reserve Act, (4) where the intent is to injure or defraud, among others, such bank, company, branch, agency or organization or to deceive, among others, any officer of such bank, company, branch, agency or organization. A section 1005 violation is punishable by a fine of not more than $1 million, or imprisonment of not more than 30 years, or both.

To establish a false entry violation the government must prove that: (1) the entry is false; (2) you either personally made or caused the entry to be made; (3) you knew the entry was false when you made it; and (4) you intended that the entry injure or defraud the financial institution or holding company or deceive any officer of such institution, company or certain public officials.

Title 18 United States Code Section 1006 makes it a federal crime for officers, agents or employees to make "any false entry in any book, report or statement" of, among others, any federally-insured savings association or credit union where the intent is to defraud such institution or to deceive any officer of, among others, such institution. 

Whether you are under investigation or have been indicted for bank fraud, contact the Criminal Attorneys at the Los Angeles criminal defense firm of Gold, Leftwich & Wagner today.