Facing a federal bank fraud charge means wondering, “What are the penalties for bank fraud in federal court?” The answer depends on many factors, which is why getting advice from an experienced Miami bank fraud lawyer can protect the rights established for you by federal law.
About Us
The Kirlew Law Firm, PLLC, uses aggressive representation. We are prepared to challenge the government’s case and advocate firmly for our clients. Led by Board Certified Trial Lawyer Brian Kirlew, our award-winning bank fraud lawyers* draw on experience from more than 5,000 white-collar and criminal cases and 80 jury trials. We bring that foundation to every defense, regardless of how straightforward or complicated the allegations may seem.
What Is Federal Bank Fraud?
Across Southern Florida in 2024, 20.9% of all federal sentences were issued for white-collar criminals. Bank fraud white-collar crimes involve an alleged scheme to defraud a bank or obtain money, property, or other assets controlled by a financial organization through false or fraudulent means. That means the government doesn’t need to prove someone physically took money from a bank, as even an alleged attempt can lead to federal charges.
In a federal bank fraud case, the court looks at the facts of the offense, the defendant’s history, the federal sentencing guidelines, and other circumstances before deciding on the penalties.
How Federal Sentencing Guidelines Affect a Bank Fraud Sentence
In federal court, judges consider the U.S. Sentencing Guidelines alongside other applicable federal laws when deciding what sentence is appropriate. In a real case, the applicable bank fraud laws can mean:
- Under U.S.S.G. § 2B1.1, the greater the financial loss involved, the greater the potential for increasing the offense level under the guideline.
- The guidelines take into account foreseeable financial harm and, in some cases, intended loss.
- The number of victims, the impact on victims, and other circumstances can lead to additional increases.
This is why a federal bank fraud lawyer scrutinizes the government’s calculation of alleged loss. PPP and SBA cases show how much turns on that number, since the sentencing guidelines for PPP loan fraud move on the same § 2B1.1 loss table. If the government claims that a particular amount should count toward sentencing, that doesn’t necessarily mean the calculation is correct.
Bank Fraud: Restitution and Financial Penalties
A conviction means more than incarceration. Depending on the facts of your federal bank fraud case, you could also be ordered to pay money to the government or to people or businesses that suffered financial losses. The exact financial consequences depend on the charges, the amount of losses involved, and what the court determines actually happened. Because of this, you could be facing:
- Federal bank fraud carries a potential fine of up to $1 million under 18 U.S.C. § 1344.
- A judge might order you to repay qualifying victims for certain financial losses, also called restitution, caused by the offense.
- The government might seize property or money connected to the alleged criminal conduct, also called forfeiture.
- The value of the money involved can also affect the federal sentencing calculation and potentially increase the recommended prison time.
In a federal bank fraud case, the amount the government claims was lost can have an effect on the outcome. A federal bank fraud lawyer can challenge those calculations when the evidence doesn’t support the government’s numbers, and federal asset forfeiture in Miami runs on its own procedures and deadlines that have to be handled separately.
Factors That Can Increase a Federal Bank Fraud Sentence
Sentences in a federal bank fraud case can vary, and two people facing similar charges could receive very different sentences. Several factors come into play under federal bank fraud laws. Statute 18 U.S.C. § 3553(a) explains these factors as interpreted below:
- The nature and circumstances of the offense and the need for the sentence to reflect its seriousness
- The defendant’s history and characteristics, including relevant personal circumstances and criminal history
- The potential impact of sentencing necessary to discourage future criminal conduct by the defendant or others
- Whether the sentence needs to protect the public from further crimes by the defendant
- The need to avoid unwarranted sentencing differences between defendants who have been found guilty of similar conduct
In a federal bank fraud case, the sentence depends on the full picture. That’s why it’s important to secure legal representation as soon as possible, often at the point where the government first makes contact and you need to know what to do after receiving a federal subpoena.
FAQs
Can a Company Be Prosecuted for Federal Bank Fraud?
Yes, a company can be prosecuted for federal bank fraud when the evidence supports criminal charges against the organization. However, that prosecution doesn’t mean individual officers, employees, or agents are automatically liable. Their potential exposure depends on their own conduct and knowledge. The circumstances of the business’s operations, the alleged scheme, and the evidence connecting specific people to it can all matter.
Can Bank Fraud Charges Be Brought Together With Other Federal Charges?
Yes, bank fraud charges can be brought together with other federal charges when the allegations involve additional criminal conduct. Depending on the circumstances, prosecutors could pursue charges involving conspiracy, money laundering, identity theft, false statements, or other offenses. Each charge has its own requirements, and the relationship between the alleged conduct, the evidence, and the separate offenses affects how the prosecution proceeds.
Can a Person Be Charged With Bank Fraud for Helping Someone Else?
Yes, a person could be charged with bank fraud for helping someone else. It depends on what the person knew and what they allegedly did to assist. Simply knowing someone involved in suspected fraud doesn’t automatically make someone criminally responsible. Prosecutors need evidence connecting the individual to the charged conduct and the required criminal intent.
Can Federal Bank Fraud Charges Be Brought Years After the Alleged Conduct?
Yes, federal bank fraud charges can be brought years after the alleged conduct. However, federal law places time limits on when prosecutors can bring criminal charges. The applicable deadline depends on the specific offense and circumstances involved. Because timing is important, it’s crucial to secure legal counsel so that they can review the dates involved.
Hire a Federal Bank Fraud Lawyer: Local Counsel Offers an Advantage
When you need to hire a federal bank fraud lawyer, local counsel can offer you an advantage. The attorneys of The Kirlew Law Firm, PLLC, live and work in Miami. That means our team regularly practices in the James Lawrence King Federal Building and United States Courthouse and the Wilkie D. Ferguson Jr. United States Courthouse.
That local experience gives us firsthand insight into the local courtroom procedures and preferences in federal courtrooms, allowing us to prepare a defense built on how federal bank fraud cases are approached while anticipating the practical issues that could develop along the way. Contact us to schedule a consultation.
*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
