Real Estate Fraud

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

Real estate fraud involves schemes to mislead lenders, buyers, sellers, or investors in real estate transactions. Federal real estate fraud cases are typically prosecuted under statutes such as the Wire Fraud Statute (18 U.S.C. § 1343) and Bank Fraud Statute (18 U.S.C. § 1344). Convictions for real estate fraud can result in long prison sentences, significant fines, and restitution to victims.

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

Understanding Federal Real Estate Fraud Laws

Real estate fraud typically involves making false statements, omitting key information, or inflating property values in order to receive financial gain through real estate transactions. Some common forms of real estate fraud include mortgage fraud, property flipping, and false appraisals.

1. Wire Fraud (18 U.S.C. § 1343): This statute criminalizes the use of electronic communications, such as emails or phone calls, to carry out a fraudulent scheme. Real estate fraud cases involving online transactions or electronic submissions of false documents may be prosecuted under the wire fraud statute.
2. 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. Real estate fraud cases often fall under this statute when false information is submitted to banks or mortgage companies.
3. Mail Fraud (18 U.S.C. § 1341): This statute makes it a federal crime to use the U.S. Postal Service or other mail carriers to execute or attempt to execute a fraudulent scheme. Real estate fraud cases may involve mailing false mortgage applications, property appraisals, or related documents.
4. Conspiracy to Commit Fraud (18 U.S.C. § 371): Defendants may be charged with conspiracy to commit real estate fraud if they worked with others to plan or execute the fraudulent scheme.

The penalties for conspiracy can be as severe as the underlying fraud charges.

Penalties for Federal Real Estate Fraud Convictions

Federal real estate fraud convictions can result in severe penalties, including long prison sentences, significant fines, and restitution to victims. The severity of the penalties depends on the scope of the fraud, the amount of money involved, and the defendant’s role in the scheme.

• Imprisonment: Convictions for federal real estate fraud can result in prison sentences ranging from 5 to 30 years, depending on the extent of the fraud and the financial harm caused.
• Fines: Real estate fraud convictions can result in substantial fines, often reaching into the millions of dollars, particularly in cases involving large-scale fraud schemes.
• Restitution: Defendants convicted of real estate fraud are often required to pay restitution to the victims, including financial institutions and investors, to compensate for the financial losses resulting from the fraud.

Common Defenses in Federal Real Estate Fraud Cases

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

• Lack of Intent to Defraud: One of the key elements of real estate fraud is the intent to deceive the lender, buyer, or seller. Josh Tomsheck will argue that the defendant did not intend to submit false information or engage in fraudulent conduct and that any errors were unintentional or administrative mistakes.
• Challenging the Evidence: Real estate fraud cases often rely on financial documents, communications, and testimony from 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.
• No Fraudulent Conduct: In some cases, the defense may argue that the real estate transaction was legitimate, and that no false information was submitted. Josh Tomsheck will examine the details of the case to demonstrate that the defendant’s actions were lawful, and that no fraud occurred.
• Lack of Knowledge: In cases involving conspiracy to commit real estate fraud, Josh Tomsheck may argue that the defendant was unaware of the fraudulent activities and did not knowingly participate in the scheme.

How Josh Tomsheck Can Help You in Federal Real Estate Fraud Cases

Federal real estate fraud cases are complex and require an attorney with a deep understanding of both real estate transactions and criminal 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 real estate 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. § 1343, § 1344, § 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 real estate 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 real estate 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.