The Statute of Limitations in Fraud Cases

 Posted on March 10, 2025 in Fraud

Many crimes in the United States come with a statute of limitations. This is essentially a time limit for prosecutors to pursue a case against you, and once the statute of limitations expires, you cannot be charged with a crime. If you have been accused of a criminal fraud offense from years ago, you might be protected by the statute of limitations.

At Spencer & Associates, our white collar crime attorneys have handled many complex and high-profile fraud cases, including numerous federal cases. When you work with our firm, we will explore all possible avenues in your defense against a fraud charge.

General Fraud Charges

In most cases, the criminal statute of limitations for a fraud charge in Texas is seven years. Some of these charges include:

• Identity theft
• Money laundering
• Credit card abuse
• Making a false statement to obtain property

Additionally, there is a five-year statute of limitations for federal mail or wire fraud charges. These crimes are defined as using the postal system or electronic communications to deprive another person of money or property.

If your case is prosecuted before the statute expires, we can work out a strong strategy for your defense. We may question if there was criminal intent behind your alleged crime to meet the definition of fraud.

Fraud Against The United States

Fraud against US institutions is taken much more seriously than fraud against individuals. If you commit major fraud against the United States worth more than $1 million, there is a seven-year statute of limitations. Federal tax evasion also carries a six-year statute of limitations.

As a rule, you can assume that the government has the resources to uncover evidence of fraud before the statute of limitations expires. Also, keep in mind that the statute of limitations is only an affirmative defense. This means that you or your attorney must invoke the statute of limitations and argue to have the case dismissed – it is not an automatic defense.

Fraud Against Financial Institutions

Acts of fraud committed against banks often have longer statutes of limitations. For example, falsifying bank records – such as non-existent transactions or inflating account balances – has a ten-year statute of limitations. The same ten-year statute applies to embezzlement committed by bank employees.

Federal bank fraud and related crimes carry high stakes for defendants. If you are accused of defrauding a financial institution, you should get in touch with a fraud defense attorney who can protect your rights in court. Our attorneys have experience recovering assets seized by law enforcement, and we will do everything we can to mitigate harsh legal consequences.

Meet With a Dallas County, TX Defense Attorney

Not all crimes of fraud are treated equally in the eyes of the law. The statute of limitations for any given offense might only last a few years or even well past a decade. No matter what you have been accused of, our Dallas, TX federal fraud defense lawyers are here to safeguard your rights. Call us at 214-385-8500 for a free consultation.