Bank Fraud

Bank Fraud occurs when an individual executes a scheme to defraud a bank by taking or using funds unlawfully.  For each transaction or communication of funds, an offender may also face petit theft or grand theft charges, depending on the dollar amount of the transactions.  Both Federal and Florida law include heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to LIFE.  Mr.  Petruzzi has represented numerous individuals charged with, or under investigation for, Bank Fraud offenses by both Federal and State authorities.  His experience and knowledge serves as an invaluable asset to his clients.

To arrange for a free and confidential consultation with respect to any Federal or State Bank Fraud offense, contact our office at (305)-770-6550.

For complete details about Mr.  Petruzzi's background, expertise, and experience, click here.

Federal Bank Fraud offenses are investigated and prosecuted by various agencies, including the FBI, IRS, and the Department of Justice.  Some common Federal Statutes criminalizing Bank Fraud include:

18 USC Sec.  1344 –

Whoever knowingly executes, or attempts to execute, a scheme or artifice -

(1) to defraud a financial institution; or

(2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises;

shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Florida Bank Fraud offenses are investigated and prosecuted by various State and Local law enforcement agencies.  Some common Florida Statutes criminalizing Bank Fraud include:

817.034 Florida Communications Fraud Act.—

(4) OFFENSES.—

(a) Any person who engages in a scheme to defraud and obtains property thereby is guilty of organized fraud, punishable as follows:

1.  If the amount of property obtained has an aggregate value of $50,000 or more, the violator is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2.  If the amount of property obtained has an aggregate value of $20,000 or more, but less than $50,000, the violator is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3.  If the amount of property obtained has an aggregate value of less than $20,000, the violator is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Any person who engages in a scheme to defraud and, in furtherance of that scheme, communicates with any person with intent to obtain property from that person is guilty, for each such act of communication, of communications fraud, punishable as follows:

1.  If the value of property obtained or endeavored to be obtained by the communication is valued at $300 or more, the violator is guilty of a third degree felony, punishable as set forth in s. 775.082, s. 775.083, or s. 775.084.

2.  If the value of the property obtained or endeavored to be obtained by the communication is valued at less than $300, the violator is guilty of a misdemeanor of the first degree, punishable as set forth in s. 775.082 or s. 775.083.

(c) Notwithstanding any contrary provisions of law, separate judgments and sentences for organized fraud under paragraph (a) and for each offense of communications fraud under paragraph (b) may be imposed when all such offenses involve the same scheme to defraud.

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