White Collar Crime: Fraud

white collar handcuffWhite-collar crimes encompass a variety of offenses, often financially motivated, committed by individuals or businesses. Fraud is one of the most common types of white-collar crimes and can lead to devastating consequences for those accused.

If you’re facing fraud charges in New Jersey, it’s imperative to understand the nature of these charges and explore potential defense strategies. At Goodgold West Diaz Bennett & Klein LLC, our experienced criminal defense attorneys in Millburn, NJ help individuals and businesses navigate the legal complexities of New Jersey white-collar crimes.

What Constitutes Fraud in New Jersey?

New Jersey law provides a broad definition of fraud to protect against various fraudulent acts. A person commits fraud if they:

  • Intentionally create or perpetuate a false impression. This encompasses actively making false statements, deliberately withholding important information, or failing to correct known misunderstandings.
  • Knowingly omit a material fact when there is an obligation to disclose. In certain situations, individuals have a legal duty to be transparent. Failing to disclose crucial information in these contexts can constitute fraud.
  • Make promises regarding goods or services with no intention of fulfilling them. This type of fraud centers around entering into agreements with the deliberate intent of not following through on the promised actions.

If you have been accused of fraud, it’s crucial to consult with an experienced criminal defense attorney immediately. A skilled attorney can guide you through the legal process and build a robust defense strategy to protect your rights and future.

Types of Fraud Charges in NJ

There are numerous forms of fraud, and the specific charges you might face depend on the circumstances. Common types of fraud charges include:

  • Insurance Fraud: Attempts to gain financial benefit through false or exaggerated insurance claims or by providing misleading information on insurance applications.
  • Bank Fraud: Actions designed to defraud financial institutions, such as through counterfeit checks or theft of funds.
  • Tax Fraud: Knowingly misrepresenting information on tax returns, failing to file taxes, or other means of tax evasion.
  • Credit Card Fraud: Using credit cards without authorization or fraudulently obtaining a credit card by misrepresenting your identity.
  • Identity Theft: Stealing and using someone else’s personal information to commit financial crimes.
  • Securities Fraud: Engaging in schemes to manipulate stock prices or using privileged, non-public information for personal gain (insider trading).
  • Healthcare Fraud: Submitting false claims to insurance companies, charging for services not provided, or other fraudulent practices within the healthcare system.

The wide range of fraudulent acts covered by the law highlights the severity with which these crimes are treated. Fraud can have devastating consequences.

Penalties for Fraud Charges

Penalties for fraud in New Jersey vary significantly based on the severity of the crime, the amount involved, and the specific circumstances surrounding each case. Generally, fraud can be classified under the following degrees of criminal offenses:

  • Second-Degree Offenses: Involve significant amounts of money or severe breaches of trust. Conviction can lead to 5 to 10 years in prison and an up to $150,000 fine.
  • Third-Degree Offenses: Involve substantial deception or loss. Penalties can include 3 to 5 years in prison and a $15,000 fine.
  • Fourth-Degree Offenses: Typically involve smaller amounts of money or less severe forms of deception. Conviction may result in up to 18 months in prison and a $10,000 fine.

Additionally, those convicted of fraud in New Jersey may be required to pay restitution to the victims, compensating them for their financial losses.

Defenses Against Fraud Charges in NJ

Building a strong legal defense is crucial if you’re facing fraud charges in New Jersey. An experienced criminal defense attorney in Millburn can develop effective defense strategies, some of which include:

  • Lack of Intent: Contending that you did not possess the intent to deceive or commit fraud. Perhaps a mistake or misunderstanding occurred.
  • Mistaken Identity: Demonstrating that you have been wrongly identified as the person who committed the fraud.
  • Insufficient Evidence: Demonstrating that the prosecution lacks sufficient evidence to prove fraud beyond a reasonable doubt.

Whether you’re facing formal charges or are under investigation, the support of a knowledgeable criminal defense attorney in Millburn, NJ is indispensable. Goodgold West Diaz Bennett & Klein LLC stands at the forefront of criminal defense, offering legal guidance and robust representation to those dealing with fraud in New Jersey. Contact us today to get the legal defense you need.