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Criminal Fraud Questions

What is criminal fraud?>

The criminal fraud definition is defined as the White Collar Crime, this crime include anything that is intended to mislead, this includes any statements, acts, cover ups, and any errors that can include a breach of a legal duty, someone’s trust or confidence, all in which can lead to injury to a person who is reasonably relies. Read below to find reliable answers by the Experts relating to criminal fraud.

What are some of the criminal fraud punishments?

Some of the punishments for criminal fraud include imprisonment, probation or parole and to pay the victim back their losses. The punishments will all depend on if the importance of the crime, whether or not the individual has any previous convictions, the types of attitudes from the community towards the court at this given time, and whether or not the individual is currently on probation or parole.

If someone had wired money from a bank account in Florida to another bank account in Michigan and now the individual wants to file criminal fraud would they need to travel to the state of Florida to do so?

Since this case involves wire fraud and or bank fraud then the Federal system would normally handle this case and not the state system since the banking laws and associated with the Federal laws. In this case, the individual will need to make a report with their local FBI office, and then the FBI can work with the FBI in the state of Florida. If for some reason the FBI does not take up this case, then the individual will need to report their case to the State in which this person lives.

In the state of New York is Fraud and Theft by Deception considered a criminal case, what is the penalty for this if the amount was $9,000?

In the state of New York this would be considered a Class D Non-Violent felony. The maximum penalty that can be received is up to five years in jail and or a fine anywhere from $500 to $7,500, the penalty that is given to an individual will be solely based upon their record and the seriousness of the crime. It can be possible that the individual will be charged criminally.

In the state of Florida if someone had been charged with possession of prescription drugs, credit card fraud and DUI how can someone receive a job with this criminal fraud on their background?

Even without a criminal background, many people are struggling with trying to find jobs nowadays. A way for an individual to remove these convictions from their record would be to apply for an expundgement. This could often times be very difficult since the state of Florida will only allow someone to seal their record if it is their first offense, and only seal and offense if it didn’t lead to a conviction. Below is the statute for this state:

(1) Petition to expunge a criminal history record. Each petition to a court to expunge a criminal history record is complete only when accompanied by:

(a) A certificate of eligibility of expunction issued by the department pursuant to subsection (2).

(b) The petitioner’s sworn statement attesting that the petitioner:
1. Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violated or adjudicated delinquent for committing a felony or a misdemeanor specified in s. 934.051(3)(b).
2. Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest of alleged criminal activity to which the petition pertains.
3. Has never secured a prior sealing or expunction of a criminal history record under this section, former s. 893.14, former s. 901.33, or former s 943.058, or from any jurisdiction outside the state.
4. Is eligible for such an expunction to the best of his or her knowledge or belief that does not have any other petition to expunge or any petition to seal pending before any court.

Committing criminal fraud can result in individuals facing years of jail time and possibly a fine. A criminal fraud conviction is a serious matter. For more information on the fraud criminal law in which the state you reside in contact the Experts.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2457
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Fran L.
JustAnswer Criminal Law Mentor
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Over 10 years of criminal defense practice.

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