Understanding the Consequences of Welfare Fraud in Indiana

When it comes to white collar crime, welfare fraud is one of the most serious offenses. In Indiana, individuals who are caught committing welfare fraud can face harsh penalties that range from financial restitution and fines to jail time. It’s important for anyone receiving government assistance in Indiana to understand the consequences of such an offense so they can avoid getting into legal trouble. 

In this blog post, we’ll discuss what constitutes welfare fraud in Indiana, as well as the potential repercussions associated with a conviction for this type of white collar crime. We will also provide information about how you can protect yourself if you’re accused of engaging in fraudulent activity related to public assistance programs. With this knowledge, you can make sure your rights and interests remain protected throughout any legal proceedings related to welfare fraud charges.

Call 317-636-7514 to Speak With a Welfare Fraud Attorney in Indianapolis Indiana
Call 317-636-7514 to Speak With a Welfare Fraud Attorney in Indianapolis Indiana

What is Welfare Fraud?

Indiana’s welfare program is subject to regular audits by the state to ensure that all recipients are lawfully receiving their benefits. The state has taken aggressive steps in recent years to crack down on welfare fraud, and these audits are a critical part of those efforts. Welfare fraud refers to any deliberate misrepresentation of information that enables someone to obtain benefits that they are not entitled to receive. Auditors in Indiana are vigilant in identifying cases of fraud, and when they find them, they take swift action to recover any improperly disbursed funds. These audits form a crucial aspect of the state’s ongoing efforts to uphold the integrity of its welfare program and ensure that those in need receive the assistance they require.

In Indiana, welfare fraud refers to any act of knowingly misrepresenting or omitting information on an application for public benefits in order to receive more money than you are entitled to. This can include lying about your income or family size, failing to report changes in living arrangements, or concealing assets that would affect eligibility for assistance programs. It’s important to note that even if the misrepresentation was unintentional, it could still result in criminal charges.

Welfare Fraud Penalties

The consequences of a conviction for welfare fraud in Indiana vary depending on the severity and amount of funds involved. A person found guilty of defrauding government assistance programs may be required to pay back the stolen funds (known as restitution), as well as face fines and/or jail time up to three years. Additionally, those convicted of welfare fraud in Indiana could face a number of other long-term impacts such as difficulty finding gainful employment and issues with immigration status.

Knowing the potential consequences associated with welfare fraud is an important first step in protecting yourself and your rights. It’s also important to remember that if you are accused of fraudulent activity related to public assistance programs, you have the right to an Indianapolis criminal defense attorney who can help you through the legal process. An experienced fraud lawyer will be able to review your case and advise you on how best to protect your interests throughout any proceedings related to welfare fraud charges.

Protect Your Rights After a Welfare Fraud Charge

Welfare fraud is a serious offense in Indiana; however, by understanding the potential consequences of such an act, you can make sure your rights and interests are protected throughout any proceedings related to such a crime. If you or someone you know has been accused of welfare fraud, it’s important to seek out the guidance of an experienced criminal defense lawyer in Indianapolis who can advise you on how best to protect yourself and your interests.

Are you looking for a criminal defense lawyer who will fight to reduce or dismiss your Indiana fraud charges? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned welfare fraud lawyer in Indianapolis, Indiana. Our criminal attorneys will get the best possible outcome for your criminal case!

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Understanding the Different Types of Credit Card Fraud

With the holiday season just behind us, credit card fraud is on the rise. For this reason, it’s becoming increasingly important for consumers to be aware of what types of fraud exist. Credit card fraud can take many forms, from identity theft to phishing scams. It’s also important to understand how banks detect and prevent credit card fraud so that you can protect yourself from becoming a victim.

In this blog post, we will look at the different types of credit card fraud and discuss ways to protect yourself against them. We will also examine bank policies regarding fraudulent charges and explain what happens when someone is accused of committing credit card fraud. By understanding these concepts, you’ll be better prepared to safeguard your financial information and avoid becoming a victim of credit card fraud.

Call 317-636-7514 to Speak With a Credit Card Fraud Lawyer in Indianapolis Indiana.
Call 317-636-7514 to Speak With a Credit Card Fraud Lawyer in Indianapolis Indiana.

Common Forms of Credit Card Crimes

Identity Theft

Identity theft occurs when someone illegally obtains another person’s credit card information and uses it for their own personal gain. This can involve opening a new account in the victim’s name, making fraudulent purchases on an existing account, or even selling the stolen information to other criminals who can then use the card for their own fraudulent activities. Credit card companies use sophisticated fraud detection and prevention algorithms to identify potential identity theft attempts, such as unusual purchases or withdrawals from the account.

Phishing Scams

Phishing scams are another type of credit card fraud that involves sending emails or text messages pretending to be from a legitimate company in order to obtain sensitive information. These messages may include links that lead to a fake website and attempt to collect the recipient’s credit card number, expiration date, security code, and other personal information. Credit card companies are vigilant about monitoring for phishing attempts and use multiple layers of fraudulence protection to keep customer accounts secure.

Bank Policies Regarding Credit Card Fraud

Banks have specific policies in place to protect customers from credit card fraudulence. If a customer is suspected of being involved in fraudulent activity, banks will investigate the situation and may freeze the account while they conduct their inquiry. Credit card companies also have zero liability policies, which means that customers are not liable for any unauthorized charges made on their cards.

Consequences of Credit Card Fraud in Indiana

Credit card fraudulence is an incredibly serious crime in Indiana, with real and lasting consequences that can go far beyond the damage caused to a person’s finances. Credit card crimes include activities such as unauthorized purchases on a credit card, using someone else’s card without permission, or manufacturing or transferring counterfeit cards. Credit card fraud can drive up costs for merchants, leading to higher prices for local shoppers; it also puts consumers at risk of financial ruin if their accounts are not adequately protected. In addition, an individual found guilty of Credit card fraud in Indiana can be charged with felony theft and face up to three years in prison.

Credit card fraud is a serious offense, and those found guilty of it may face criminal charges as well as hefty fines. If you have been charged recently, contact the Law Office of David E. Lewis at 317-636-7514 to discuss your case with an experienced credit card fraud attorney in Indianapolis, Indiana. Meet over the phone, via Zoom/Skype, or in person at our Downtown Indy office.

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What are the Legal Repercussions of Check Fraud?

According to the Federal Bureau of Investigation, white collar crime “is a term that generally refers to nonviolent crimes committed by business and government professionals.” These crimes are typically motivated by financial gain, and can include embezzlement, fraud, money laundering, and bribery. In the United States, white collar crime costs businesses and taxpayers billions of dollars each year. While white collar crime is often thought of as victimless, the reality is that it can have devastating consequences for both individuals and businesses. Victims of white collar crime can suffer financial ruin, and the loss of their reputation and livelihood. Businesses can be forced to close their doors, and innocent employees can lose their jobs.

One of the most prevalent types of white collar offenses committed in the United States is check fraud. Check fraud is a type of fraud that occurs when someone uses a counterfeit, altered, or otherwise unauthorized check to pay for goods or services. Check fraud can also occur when someone writes a check without having sufficient funds in their account to cover the amount of the check, which is known as “bouncing” a check.

If you believe you are someone you love is guilty of writing, cashing, or receiving fraudulent checks, it is important to educate yourself on how the law penalizes those accused and convicted. Continue below to learn some helpful facts about check fraud, including the common legal repercussions that come along with the crime itself.

Check Fraud Lawyers Indianapolis Indiana 317-636-7514
Check Fraud Lawyers Indianapolis Indiana 317-636-7514

Facts About Check Fraud

Check fraud is a type of financial crime that involves the use of fraudulent checks to illegally obtain funds from a bank or other financial institution. Check fraud can be perpetrated in a number of ways, including using stolen checks, forging signatures, altering check amounts, and using counterfeit checks. check fraud is a serious problem for both businesses and individuals, as it can lead to significant financial losses.

Penalties for Check Fraud

Check fraud is a serious crime that can result in significant fines and even jail time. The lowest level of check fraud is a Class A misdemeanor, which can lead to imprisonment for up to 1 year and a fine of $5,000. If the amount on the check was between $750 and $50,000 however, you will instead be charged with a Level 6 felony. The potential sentence for this is 6 months to 2.5 years in jail as well as up to a $10,000 fine.

If you have been charged with check fraud, it is important to consult with an experienced Indiana criminal defense attorney who can help you understand the fraud charges against you and mount a strong defense.

How to Prevent Check Fraud

There are a number of ways to prevent check fraud, including using security features on checks, such as watermarks and microprinting, and keeping track of checks to ensure that they are not stolen or altered. businesses can also institute policies to verify the identity of individuals who attempt to cash checks, and to require that checks be signed in the presence of a company representative. individuals can take steps to protect themselves from check fraud by keeping track of their checks and being aware of the signs of fraudulent activity.

Check fraud is a serious problem that can lead to significant financial losses. There are a number of ways to prevent check fraud, including using security features on checks and keeping track of checks to ensure that they are not stolen or altered. businesses can also institute policies to verify the identity of individuals who attempt to cash checks, and to require that checks be signed in the presence of a company representative. individuals can take steps to protect themselves from check fraud by keeping track of their checks and being aware of the signs of fraudulent activity.

To learn everything that you need to know about your current check fraud or bank fraud charges and how they might affect your future, contact an experienced criminal defense law firm in Indianapolis. Call the Law Office of David E. Lewis at 317-636-7514 to speak with an aggressive and experienced white collar crime charge lawyer in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

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What You Can Expect From a False ID Charge in Hamilton County

False ID charges in Hamilton County, Indiana, whether you were arrested in Noblesville, Fishers, or Carmel, are serious criminal matters that require the astute knowledge and experience of a criminal defense lawyer. Continue below to learn what you can expect from a false identification criminal charge in Hamilton County, plus how to build a strong and impactful case against your charges in order to obtain the best possible outcome in court.

Fake ID Criminal Charge Indianapolis Indiana 317-636-7514
Fake ID Criminal Charge Indianapolis Indiana 317-636-7514

Fake ID Charges in Hamilton County Indiana

Many people think of fake IDs as a laughable, excusable, and minor infraction, partly due to their prevalence among adolescents and minors under the age of twenty-one years old. Many people have had experience with a false identification or drivers’ license at one point in their life, especially in college. However, the truth surrounding fake IDs is bleaker than most imagine. False ID charges, particularly in Hamilton County, are very serious. They can lead to some long-lasting consequences that affect a person’s overall quality of life. Such consequences can even carry on into adulthood for those charged with or convicted of possessing or using a false ID as a juvenile.

A False ID is a Misdemeanor Offense in Indiana

The consequences for being charged and convicted of having a fake ID is dependent on whether that identification was used to buy and consume alcohol or not. For anyone who uses a fake ID to buy and/or consume alcohol, they will face more serious consequences if caught. This offense would be charged as a Class C Misdemeanor in Indiana. If convicted, the individual would face several penalties, including 60 days in jail, one year driver’s license suspension, a $500 fine, and permanent marks on their driving record.

Fair warning, a person does not have to possess and use an actual fake identification card, such as a state ID or driver’s license, in order to be charged with a fake ID offense. For instance, if someone under the age of twenty-one years old enters a bar and orders a drink claiming to be of age, they can be arrested on false ID charge for unlawfully misrepresenting their age.

How to Fight a Fake ID Charge in Hamilton County

The best weapon against a fake ID charge in Hamilton County, Indiana, is a private criminal defense attorney who specializes in fraud and forgery charges. Attorney David E. Lewis can get you the best possible outcome in court after being charged with a false ID crime in Indiana. He also specializes in underage offenses and juvenile defense.

Are you or your minor child facing criminal charges for having or using a fake ID in Hamilton County? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

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What You Need to Know About Indiana Tax Fraud

If you are a small business owner who is preparing to file your company’s tax return, you have until tomorrow to do so. If you are an individual filing your personal tax returns, you have until Monday, April 18th. Either way, it is important to protect yourself against tax errors because you do not want to mistakenly be charged with tax fraud.

Continue reading to learn what you need to know about Indiana tax fraud before Tax Day is upon us this year, plus who to trust for aggressive legal defense if ultimately indicted on any type of white-collar criminal charge.

Tax Fraud Lawyer Indianapolis Indiana 317-636-7514
Tax Fraud Lawyer Indianapolis Indiana 317-636-7514

Important Tax Fraud Facts

Tax fraud is also known as tax evasion. A person can be indicted and charged with tax evasion if they intentionally or knowingly neglect to file their taxes, pay their taxes in full, or provide dishonest data (or omit required data) on their returns for the purpose of evading payment. In order to be convicted of tax evasion, the IRS must prove that you deliberately and knowingly demonstrated one of these fore-mentioned acts.

Most Common Types of Tax Fraud Crimes:

▷ Under Reporting Income
▷ Falsifying Tax Return Data (inflating business expenses, overstating size of household, etc.)
▷ Underpaying Taxes
▷Not Paying Taxes
▷ Deceiving the Department of Revenue (DOR)
▷ Misrepresenting Economic Circumstances

Indiana Tax Fraud Penalties Upon Conviction:

Those who are convicted of Indiana tax fraud will be sentenced depending on the severity of their crimes. Penalties range from jail and prison time to fines, restitution, loss of certain freedoms, and more. Most Indiana tax fraud convictions are sentenced as Class A misdemeanors or Level 6 felonies.

Level 6 Felony = Six Months to 2 ½ Years in County Jail – Fines up to $10,000

Class A Misdemeanor = Up to 12 Months in County Jail – Fines up to $5,000

Tax Errors Do Not Make You a Criminal

If you mistakenly underpaid your taxes, provided incorrect information on your return, or forgot to file your tax return altogether, you are not committing a crime of fraud. In such cases, you would simply need to contact the proper IRS authorities and notify them of your mistake. From there, they will give you the instructions you need to follow to correct your error. You will likely have to pay a small penalty fee, generally $100 to $300.

Are you looking for qualified criminal defense that can reduce or dismiss your white collar crime or fraud charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an Indianapolis fraud crime lawyer you can trust. We represent all white collar crime cases in Indiana.

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Top 4 Ways to Avoid Bankruptcy Fraud

Top 4 Ways to Avoid Bankruptcy Fraud

Most criminals know they are committing a crime or participating in illegal activity, but there are others who unintentionally or inadvertently break the law. Bankruptcy fraud is one of the most common types of crimes that are committed unbeknownst to the one filing. If you are preparing to file for bankruptcy or see bankruptcy as a potential in your financial future, it is important to ensure that you are following all guidelines and meeting all legal expectations during the process.

Continue reading to learn the top four ways to avoid bankruptcy fraud and who to call if you are currently facing such charges or similar white-collar criminal charges in Indiana.

Bankruptcy Fraud Lawyers Indiana 317-636-7514
Bankruptcy Fraud Lawyers Indianapolis Indiana 317-636-7514

Bankruptcy Fraud is a Federal Offense

In all states, bankruptcy fraud is categorized as a white-collar crime. White-collar crimes are felony offenses that tend to render more serious convictions and harsher penalties, including jail time and heavy fines. If convicted of bankruptcy fraud, one will face up to five years in jail and up to $250,000 in fines.

To mitigate such fraud, case trustees are appointed by the court to confirm the veracity of the filer’s bankruptcy. If you are filing for bankruptcy, a bankruptcy trustee will inquire about your case by reviewing your assets, asking you questions about your financial history, and more.

Bankruptcy trustees are put through a concentrated training program, giving them the acute acumen and skills to identify inconsistencies and suspicious activities among one’s bankruptcy filings. For this reason, it is important to protect yourself from mistakenly committing bankruptcy fraud by doing your research.

Although it’s not expected of you to understand all of the complexities of such legal processes, as someone filing for bankruptcy, the law holds you responsible for any egregious mistakes you might make. Therefore, it is important to uphold your duty by educating yourself on how to file for bankruptcy correctly and within legal guidelines.

How to Prevent Bankruptcy Fraud

Fortunately, there are plenty of ways you can prevent committing the crime of bankruptcy fraud. Hiring a bankruptcy attorney is a great way to ensure that all of your paperwork in filings are correct. For now, start with these top four tips on how to avoid bankruptcy mistakes that can lead to white-collar criminal charges:

❶ DO NOT PROVIDE FALSE INFORMATION ON YOUR BANKRUPTCY FORMS

When filling out your bankruptcy filing forms, be sure you are being 100% honest. Providing misleading or untrue information on your bankruptcy forms can lead to case trustees to believe you are attempting to commit fraud. If you accidentally forget to include something in your disclosure, your best recourse is to contact the trustee or your bankruptcy attorney right away to amend the error. This will show your case trustee that you are not attempting to mislead the court.

❷ DO NOT HIDE ASSETS

You will be subjected to an asset investigation when filing for bankruptcy. If you attempt to hide nonexempt assets from your case trustee or relevant creditors, you could be denied bankruptcy or even charged with fraud. This includes transferring assets around to friends and family to keep them concealed. Examples of such assets include watercrafts, vehicles, properties, land, stock, IRA accounts, overseas bank accounts, and similar holdings that can be liquidated to cash.

❸ DO NOT FILE FOR BANKRUPTCY NUMEROUS TIMES IN OTHER STATES

A person who files for bankruptcy multiple times in different places can be arrested and charged with bankruptcy fraud. Because a person or business should not have to file for bankruptcy more than once within a long period of time, multiple filings tend to be a red flag among court-appointed bankruptcy trustees.

❹ NEVER ATTEMPT TO BRIBE A BANKRUPTCY TRUSTEE

Just like bribing a police officer or magistrate of the court, bribing a bankruptcy or court-appointed case trustee is considered bad practice, and may lead to charges of bankruptcy fraud upon further investigation. Bribery is taken very seriously by the courts.

Are you currently facing criminal charges for bankruptcy fraud in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive criminal defense for white-collar criminal charges in Indianapolis, Indiana. We represent adults, minors, and juveniles all across the state.

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Can I Get Arrested for Threatening Someone?

We are likely all guilty of making threats from time to time. But threatening to run away from home or quit a job is a lot different than the type of threat that intimidates or harasses another. This type of threat is illegal. If you are wondering whether you could get arrested for threatening someone, the answer is, yes.

Continue reading to learn what constitutes an illegal threat, what penalties one may face if charged, and how to beat your criminal charges if arrested for the same offense in Indiana.

Extortion Lawyer Indianapolis Indiana 317-636-7514
Extortion Lawyer Indianapolis Indiana 317-636-7514

Indiana Laws on Harassment and Intimidation

Here in Indiana, if you threaten somebody, you are breaking the law, even if you never make physical contact with them. The act of threatening somebody can be described as remarks or statements that intimidates or places another person in fear. The actual law surrounding these types of offenses are incredibly complex and require the consultation and guidance of an Indianapolis criminal defense lawyer. You can read the extent of these laws by reviewing IC 35-45-2-1 and IC 35-45-2-2.

Harassment

There are some legal differences between harassment and intimidation. Harassment generally consists of behaviors that pester, bully, alarm, or aggravate another. Examples of harassment include prank phone calls, as well as excessive, unwanted, or obscene text messaging, phone calls, voicemails, emails, and appearing at one’s place of employment or learning institution.

Intimidation

Intimidation can be described as forcing someone to do something against their will, such as deliver an advantage, pay up money, or turnover property. Acts of intimidation communicate a threat that places a person in fear of retaliation or harm, whether physical or economic. In Indiana, intimidation is charged as a Class A misdemeanor, but in more serious circumstances, it could be charged as a Level 6 Felony.

Intimidation can be charged as a level 6 felony if it involves a police officer, school employee, church staff member, probation department employee, community corrections department employee, hospital employee, or even a witness in a pending criminal case. Upon conviction, a defendant can be sentenced up to two and half years in jail. Intimidation by use of a deadly weapon Is charged as a level 5 felony which is punishable by up to 6 years in jail.

Extortion

One of the most serious kinds of legal threats in the criminal justice world is extortion, which is a felony charge no matter where you are in the United States. If you threaten or intimidate somebody for the purpose of gaining property, advantage, or money, you are committing the crime is extortion. One example of extortion is blackmail.

Do you want to avoid the maximum penalties for your intimidation charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned Indianapolis IN criminal defense lawyer you can trust. We also represent defendants charged in Indiana but who live in another state.

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Frequently Asked Questions About Welfare Fraud

What is welfare? Welfare is a form of government assistance, and provides public relief and benefits to those in need. The government looks at age, income, financial status, disabilities, and other infirmities to verify if a person qualifies for welfare programs. Federal welfare programs are administered by the state, and paid for out of public reserves funded by tax revenues.

If you or someone you love was recently arrested or indicted on welfare fraud charges or disability fraud charges here in Indiana, you need to educate yourself on the facts and obtain legal assistance right away. Continue reading to review some of the most frequently asked questions about welfare fraud, including how to get started on protecting your rights and preserving your freedoms.

Indiana Welfare Fraud Lawyers 317-636-7514
Indiana Welfare Fraud Lawyers 317-636-7514

Welfare Fraud FAQS You Need to Know

Which Welfare Programs are Available?

Examples of welfare-related programs include Supplement Nutrition Assistance Program (SNAP), Aid to Families with Dependent Children (AFDC), Temporary Assistance for Needy Families (TANF), Supplemental Security Income (social security), Medicaid, and more. These programs offer relief and benefits in the form of food stamps, cash, utility assistance, childcare, medical care, and more.

What is Welfare Fraud?

When a person takes advantage of these programs by filing false information in order to qualify for governmental assistance, it is called welfare fraud. And it is a serious theft crime. For example, a woman was sentenced to 8 years in a federal prison after being found guilty of welfare fraud. She used at least 7 different identities and claimed over 30 children, ultimately collecting over $200,000 in welfare checks and over $50,000 in food stamps!

What are Welfare Crimes?

Welfare fraud is a broad crime category containing many forms of welfare crimes. Disability fraud, social security fraud, and unemployment fraud all fall under welfare fraud. Criminals use false identities, claim non-existent dependents, and file documents with falsified information to qualify for government assistance programs.

What are Some Examples of Committing a Welfare Crime?

▷ False reporting of income or employment.
▷ Claiming fake dependents.
▷ Lying about number of occupants in home.
▷ Reporting that a parent does not live at the house when they do.
▷ Neglecting to obey terms of probation while on welfare assistance.
▷ Lying or hiding drug-related convictions or felony arrests on applications.
▷ Hiding or lying about personal assets.
▷ Using false identities to receive multiple benefits.
▷ Failing to disclose additional assistance programs being used.

What is Welfare Disability Fraud?

If you knowingly lie about your need for or entitlement to governmental assistance, or use your loved one’s government assistance knowing they lied to qualify, you are engaging in welfare/disability fraud. It is important to hire a seasoned criminal defense attorney to protect your rights and preserve your freedoms if you believe you may have committed welfare fraud. Making mistakes is part of being human; it is how you manage them that matters.

What Should I Do if I Was Just Arrested for Welfare Fraud in Indiana?

If you are under investigation for public assistance fraud, or have already been charged, it is vital to your future to call criminal defense attorney, David E. Lewis, for tough and aggressive representation. He will develop a strong and impactful defense based on your specific circumstance, challenge all the evidence brought against you, and resolve your case in a way that is the most favorable for you.

Ready to get started? Contact us directly at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense against your state or federal welfare fraud charges.

You Should Also Read:

What Constitutes Credit Card Fraud?
What is Bankruptcy Fraud?
Choose David E. Lewis, Attorney at Law, to Fight Fraud Charges in Indiana

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Will I Be Arrested for Writing a Bad Check?

When a person writes a check and presents it to a bank or merchant, and does so knowing that their bank account cannot cover it, they are committing a crime called check fraud. Passing a bad check can be defended in court by claiming “you did not know” if the state cannot prove intent. This is because passing a bad check is sometimes unintentional, and rather, a result of poor or irresponsible banking practice. On the other hand, there are countless cases of intentional check fraud, ranging from petty to white collar.

What happens to a person who knowingly writes a bad check? Continue reading to find out.

Indiana Bank Fraud Lawyer
Indiana Bank Fraud Lawyer 317-636-7514

Intentional and Knowing

In order for a person to be convicted of check fraud, the state must prove that the defendant wrote and submitted the check knowing that there was not enough money in the account to cover the amount. This court standard is called “intentional and knowing”, and it is the primary element to every check fraud case. If a person is simply bad at balancing their check book, it is possible that they did not knowingly write a bad check.

In this case, the state could not prove intent, so the court could not convict the defendant of check crime. However, the defendant can still be held liable in civil court for any bad checks written. In civil court, they can be ordered to pay restitution to the merchant that received the bad check. Not paying back restitution could lead to more lawsuits and poor credit scores.

What to Do if You Write a Bad Check

If you accidentally write a bad check, you must resolve the situation immediately in order to show you are not trying to defraud anyone. This means paying back the bank for any overdrafts and associated fees, or paying back the merchant who cashed the check. In these cases, time is of the essence, so be sure to act fast. Even a phone call to notify the merchant can help avoid criminal charges from being filed.

Intentional Check Fraud

If you intentionally wrote a bad check, it is not likely that the police will come knocking at your door to arrest you. Instead, the state will issue an arrest warrant and you will need to surrender to the jail and then post bail. If you are worried about being arrested or caught, you need to speak with a licensed criminal defense lawyer right away. They can help you develop a plan that best protects your rights and prevents the maximum penalties for your charges.

Here in Indiana, bank fraud is generally charged as a Level 6 Felony. This is punishable by up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties.

How to Beat Your Indiana Bank Fraud Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 right away if you are facing criminal charges for bank fraud in Indiana. Our skilled criminal defense lawyers retain decades of trial and litigation experience in criminal law and will get to work the very same day you hire us. We will instantly begin investigating your case and building a powerful defense on your behalf. And if we must, we will take your case to trial if we have to, and challenge any evidence brought against you in an effort to obtain the most favorable resolution possible. Schedule a free consultation to discuss your legal options today.

Indianapolis Criminal Defense 317-636-7514
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FAQS About Bankruptcy Fraud in Indiana

If you are planning to file bankruptcy in Indiana, be prepared to be investigated to a certain extent. That is because white collar crimes like fraud are all too common in bankruptcy filings, and must be prevented through comprehensive scrutiny. For this reason, bankruptcy petitioners are assigned a trustee who will look into their financial circumstances, including all assets, liens, loans, and more.

If you suspect that your recent bankruptcy filing might have been done incorrectly, and are now worried that you could be indicted for bankruptcy fraud, review these frequently asked questions to help clear up any confusion you might have.

Indiana Bankruptcy Fraud Attorney
A law book with a gavel – Bankruptcy law

What is Bankruptcy Fraud?

Bankruptcy fraud is a type of white collar crime that is penalized on a federal level, meaning it is a felony. Bankruptcy fraud occurs if a debtor A) hides their assets, B) lies or gives false information on their application, C) bribes a bankruptcy trustee, or D) is a habitual filer, and has filed many times in other counties. The most common action that leads filers to be charged with bankruptcy fraud is concealing, or transferring for the purpose of hiding, non-exempt assets from creditors or a trustee.

Will I Go to Jail if I Hide Assets During Bankruptcy Filing?

After a person is suspected by a trustee that they are hiding assets, or transferring them so they stay hidden, the trustee will begin to collect all evidence. From there, a civil lawsuit is filed against the person. Additionally, the person can lose their ability to file bankruptcy. In cases of more serious Bankruptcy Fraud, a person might be criminally charged by the U.S. Justice Department and the U.S. Attorney General’s office. If convicted, they can be ordered to pay up to $250,000 fines and spend up to 5 years in prison.

What Will Happen to Me if I Forgot to Include Something in My Bankruptcy Disclosure?

Because the process of filing bankruptcy is serious, it is important to do so with the help of a civil attorney. They will make sure all filings are done comprehensively and correctly. If you did yours on your own, but now fear that you forgot to add something, now would be the time to hire a civil lawyer for help with your application. They can set things straight for you in no time.

What Should I Do if I Am Charged With Bankruptcy Fraud in Indiana?

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana bankruptcy fraud charges, today. Whether charged with fraud crimes or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!

Indianapolis Criminal Defense 317-636-7514
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