Federal Mortgage Fraud

Mortgage Fraud: How Josh Tomsheck of Hofland & Tomsheck Can Defend You Against Federal Mortgage Fraud Charges

Mortgage fraud is a federal offense involving the intentional misrepresentation, omission, or falsification of information on mortgage loan applications or related documents in order to receive funds that would not have otherwise been granted. Federal mortgage fraud charges are aggressively prosecuted under statutes such as the Bank Fraud Statute (18 U.S.C. § 1344) and Wire Fraud Statute (18 U.S.C. § 1343). Convictions for mortgage fraud can result in long prison sentences, hefty fines, and the forfeiture of illegally obtained property.

If you or someone you know is facing federal mortgage fraud charges, it is crucial to have an experienced attorney who understands the complexities of mortgage fraud law and can mount a strong defense. Josh Tomsheck, a nationally Board-Certified criminal defense attorney with Hofland & Tomsheck, has successfully defended clients against federal fraud charges. His knowledge of federal statutes and his commitment to his clients make him a trusted advocate in these serious cases.

Understanding Federal Mortgage Fraud Laws

Federal mortgage fraud typically involves providing false information or omitting key details in mortgage applications, appraisals, or other related financial documents. Mortgage fraud can take many forms, including inflating property values, using straw buyers, and falsifying income or employment information.

1. Bank Fraud (18 U.S.C. § 1344): This statute makes it a federal crime to execute or attempt to execute a scheme to defraud a financial institution, including mortgage lenders. Mortgage fraud cases often fall under this statute, particularly when the fraud involves misrepresentations made to banks or other financial institutions.

2. Wire Fraud (18 U.S.C. § 1343): This statute criminalizes the use of electronic communications, such as emails, phone calls, or online systems, to carry out a fraudulent scheme. Mortgage fraud cases involving the submission of false mortgage applications or documents electronically may be prosecuted under the wire fraud statute.

3. Mail Fraud (18 U.S.C. § 1341): This statute makes it a federal crime to use the U.S. Postal Service or any other mail carrier to execute or attempt to execute a fraudulent scheme. Mortgage fraud cases often involve the mailing of false loan applications, appraisals, or other documents.

4. Conspiracy to Commit Fraud (18 U.S.C. § 371): In many mortgage fraud cases, defendants are charged with conspiracy to commit fraud if they worked with others to plan or execute the fraudulent scheme. The penalties for conspiracy can be just as severe as the underlying fraud charges.

Penalties for Federal Mortgage Fraud Convictions

Federal mortgage fraud convictions can result in severe penalties, including long prison sentences, substantial fines, and the forfeiture of any property obtained through fraudulent means. The severity of the penalties depends on the amount of money involved in the fraud, the defendant’s role in the scheme, and whether the fraud involved multiple transactions or other individuals.

• Imprisonment: Convictions for federal mortgage fraud can result in prison sentences ranging from 5 to 30 years, depending on the scope of the fraud and the amount of financial harm caused. Larger fraud schemes involving millions of dollars may result in longer prison sentences.
• Fines: Mortgage fraud convictions can result in substantial fines, often reaching into the hundreds of thousands or millions of dollars, particularly in cases involving large-scale fraud or fraud committed against multiple financial institutions.
• Restitution: Defendants convicted of mortgage fraud are often required to pay restitution to the victims, including financial institutions, to compensate for the financial losses resulting from the fraud.
• Forfeiture of Property: In cases where property was obtained through fraudulent means, defendants may be required to forfeit homes, real estate, or other assets gained through the fraud.

Common Defenses in Federal Mortgage Fraud Cases

When defending against federal mortgage fraud charges, Josh Tomsheck uses a variety of defense strategies tailored to the facts of each case. Some common defenses include:

1. Lack of Intent to Defraud: One of the key elements of mortgage fraud is the intent to deceive the lender. Josh Tomsheck will argue that the defendant did not intend to submit false information or engage in fraudulent conduct, and that Here is the continuation of the Mortgage Fraud page:

Common Defenses in Federal Mortgage Fraud Cases (continued)

1. Lack of Intent to Defraud: One of the key elements of mortgage fraud is the intent to deceive the lender. Josh Tomsheck will argue that the defendant did not intend to submit false information or engage in fraudulent conduct, and that any errors or inaccuracies in the mortgage application were unintentional or administrative mistakes.

2. Challenging the Evidence: Mortgage fraud cases often rely on financial documents, communications, and testimony from co-conspirators or witnesses. Josh Tomsheck will thoroughly review the evidence to determine if it was lawfully obtained and whether it supports the charges. He may file motions to suppress improperly obtained evidence or challenge the credibility of witnesses.

3. No Fraudulent Conduct: In some cases, the defense may argue that the mortgage application or related documents were accurate and that no false information was submitted. Josh Tomsheck will examine the details of the case to demonstrate that the defendant’s actions were legitimate and that the mortgage lender was not defrauded.

4. Lack of Knowledge: In cases involving conspiracy to commit mortgage fraud, Josh Tomsheck may argue that the defendant was unaware of the fraudulent activities and did not knowingly participate in the scheme. This defense may be particularly relevant in cases where the defendant was not directly involved in preparing or submitting the false documents.

5. Duress or Coercion: In some mortgage fraud cases, defendants may have been pressured or coerced into participating in the fraud by others. Josh Tomsheck will present evidence showing that the defendant acted under duress and did not willingly engage in the fraudulent conduct.

How Josh Tomsheck Can Help You in Federal Mortgage Fraud Cases

Federal mortgage fraud cases are complex and require an attorney with a deep understanding of both real estate and fraud law. Josh Tomsheck is an experienced, nationally Board-Certified criminal defense lawyer who has successfully defended clients against a wide range of federal fraud charges, including mortgage fraud.

Here’s why Josh Tomsheck is the best choice for your defense:

• Expertise in Federal Fraud Law: Tomsheck’s knowledge of 18 U.S.C. § 1344, § 1343, § 1341, and other federal statutes allows him to build strong defense strategies tailored to the specific facts of each case.
• Proven Track Record in Federal Court: Josh Tomsheck has extensive experience defending clients in federal court and has successfully secured reduced sentences, dismissals, and acquittals for his clients in mortgage fraud cases.
• Personalized Defense Strategy: Every case is different, and Josh Tomsheck takes the time to understand the specific facts and circumstances of each client’s case. He develops a personalized defense strategy aimed at minimizing penalties and protecting your rights.
• Aggressive Defense: Known for his dedication and tenacity, Josh Tomsheck will fight for you at every stage of the case, from pre-trial motions to trial and sentencing. He is committed to securing the best possible outcome for his clients.

Contact Josh Tomsheck for a Consultation

If you or a loved one is facing federal mortgage fraud charges, don’t wait to seek legal representation. Contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck today for a consultation. With his experience, knowledge, and commitment to his clients, you can trust that your case is in capable hands.