Common Defenses Against a Bank Fraud Charge

 Posted on March 28, 2025 in Fraud

Bank fraud is a serious federal crime. It can entail a list of illegal activities, including fraudulent transactions, money laundering, and the use of fake identities and documents. Having a legal representative who is well-versed in the federal laws that govern these cases and the legal arguments that can fight the charges is crucial to a strong defense. Consider some common examples of how our Dallas, TX bank fraud attorneys may be able to help you challenge bank fraud charges.

Lack of Intent To Defraud

A key element of bank fraud cases is intent, and federal law requires proof that the defendant intended to defraud. Ultimately, they must prove that you intended to commit bank fraud, whether you were successful or not. The burden of proof in these cases is beyond a reasonable doubt.

According to the Department of Justice, intent can be inferred by considering the case's circumstances. In practice, this means that the prosecution does not need irrefutable proof that you intended to defraud. Circumstantial evidence will suffice. Examples of circumstantial evidence include:

• Previous statements you made or the way you behaved before the incident
• Testimonies from the fraud victims
• Proof that you knew about the fraud

Using lack of intent as a defense aims to prove that you did not act with a plan to deceive any person or institution. Often, the evidence must show that you made an honest mistake.

Immaterial Fraudulent Misrepresentations

If you are charged with fraudulent misrepresentation, you can argue that the misrepresented information you provided is not material, meaning it is not important enough to influence bank decisions. For example, if you unintentionally or intentionally used the wrong address to obtain a business loan, the prosecution can argue that you misrepresented information. However, the address is not relevant to the bank fraud charge.

Illegally Gathered Evidence

If at any point in the investigation, the police or prosecution collect evidence in a way that violates your constitutional rights, you can use that as a defense. Unlawful searches and seizures are a common violation, and any evidence obtained illegally is not permissible in court. As your attorneys, we would move to have this type of evidence suppressed, which could weaken the case against you and possibly result in reducing or dropping the charges.

Schedule a Free Consultation With a Dallas, TX Bank Fraud Defense Attorney

Determining the appropriate defense for your case will depend on the unique circumstances of your situation. At Spencer & Associates, we offer a free consultation to talk about any existing or potential bank fraud charges against you to determine how we can help. Contact our Texas bank fraud attorneys at 214-385-8500 to schedule an initial meeting and take the first step in building a robust defense.