Florida law concerning defrauding a bank, defined in the statute as a financial institution, is complex. If you have been charged with such an offense, you will need the assistance of a Jacksonville criminal defense attorney who is skilled in theft and fraud defense in order for you to understand what conduct allegedly violated the state statute. You may also be charged with violating federal law, which will be addressed in another blog.
Florida State Law: Defrauding a Bank
Florida law regarding defrauding a financial institution (bank) is detailed and complicated. Basically, anyone who commits any of these acts may be charged with a third-degree felony under Florida law:
- A person who procures any service from the bank, including a loan, credit card, certificate of deposit or any other financial benefit by giving false financial information to the bank.
- Employees of the bank who accept a commission or any gratuity for their services in helping a person obtain a loan or other benefit from the bank.
- Employees who receive or possess any of the financial institution’s property, including funds procured by embezzlement, with the intent to deceive or defraud the bank.
- Employees who knowingly issue any financial benefit from the bank, such as credit cards, mortgage loans or certificates of deposit in a way that is without authorization from the board of directors of the bank.
A third-degree felony is punishable by:
- A prison term of up to five years.
- A fine up to $5,000.
- Increased penalties if the person charge has prior felony convictions.
The following acts of defrauding a bank are second-degree felonies.
- Making a false statement, including overvaluing land, in an attempt to obtain any financial services from the bank.
- Knowingly executing, or attempting to execute, a scheme or artifice to defraud a financial institution.
A second-degree felony is punishable by:
- A prison term of up to 15 years.
- A fine of up to $10,000.
- Increased penalties if the person charged has prior felony convictions.
If you have been charged with bank fraud or defrauding a financial institution, you need to contact a Jacksonville criminal defense lawyer at the Law Office of James Davis, P.A. You need the immediate help of an aggressive and skilled defense attorney who is knowledgeable in the complexities of Florida defrauding financial institutions law.
Source: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0655/Sections/0655.0322.html
