Criminal Defense Lawyers

New York Bank Fraud Frequently Asked Questions

What is bank fraud?

The definition of bank fraud is a white collar crime involving the fraudulent obtainment of bank property. Bank fraud might implicate criminal statutes on both the state and federal level.

What crimes in the state count as bank fraud?

New York law states that multiple different criminal activities count as bank fraud. A very common variety is check fraud, which can be committed through fraudulently depositng checks, cashing a fake payroll check, and check kiting. There are other kinds of bank fraud as well including embezzlement, fraudulent loans, impersonation, and forgery. State bank fraud crimes also commonly involve commerce that has moved between multiple states, which means that you will be charged with federal crimes as well.

What is bank fraud at the federal level?

For the fraud to be considered a federal bank fraud, there must have been a scheme to gain money through a financial institution like a bank with the use of fraudulent means. The prosecutor must be able to prove that there were schemes or plans for the defrauding of a bank. There must have been intent to steal from a bank.

With that said, the theft doesn’t necessarily need to be cash-related. Other types of property like securities might be stolen. The prosecution is also required to prove that the plan was put into action, that your intention was defrauding the institution, and material misrepresentation was a part of the plan.

It’s important to contact a New York lawyer as soon as possible if you’re a suspect in a bank fraud case. Spodek Law Group is a group of NYC lawyers with experience practicing at both the state and federal level.

What should be done if you’re arrested?

It doesn’t matter whether the charges against you are federal or state. You must remember the legal rights you’re entitled to after your arrest. You should remain silent. Prosecution and law enforcement officials have training to entrap suspects into making statements that can be used against them later by the prosecution. You should also exercise your right to counsel. Inform the police that you want your attorney before you say anything.

Can you go to prison for bank fraud?

There are steep penalties for bank fraud, regardless of whether you’re tried at the federal or state level. In recent times, fraudulent banking schemes have been on the rise. These schemes can drive victims to financial ruin. The proliferation of bank fraud cases has made law enforcement officials eager to arrest and prosecute people who have committed any of these kinds of crimes.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Sentencing depends on multiple factors:

• The specific crime with which you have been charged
• Whether you have been convicted of multiple crimes
• Your previous criminal record or lack thereof
• The property value of the money or items that were stolen

When you are convicted of a bank fraud offense in the state of New York, you run the risk of being sentenced to up to thirty years imprisoned. You might also be given a seven figure fine and be ordered to pay restitution to the victims.