A civil lawsuit alleging fraud may prompt a state and federal investigation inciting a separate criminal case and vice versa. State or federal attorneys commonly file criminal charges that include mail fraud, wire fraud, and money laundering in investment fraud cases. Each mail fraud and wire fraud charge can carry a penalty of 20 years in federal prison; several counts can on each charge can severely inflate prison time leading to life in federal prison. Money laundering carries a penalty of 10 years in prison. Penalties also include enormous fines and restitution depending on the amount defrauded.
Going to Trial for FraudCivil cases alleging fraud go to trial when a settlement cannot be reached. Lawyers point out that a settlement agreement can be used as evidence in other cases. Going to trial for a federal criminal case needs to be decided by lawyers experienced with federal defense. Criminal lawyers know that accepting a plea agreement for a federal criminal case is generally much better than going to trial, as only 3% of federal trials are won.
However, an experienced top attorney can argue for a plea agreement that is favorable and requires no prison time and also argue down the amount of restitution and fines. Our lawyers have been known to even argue down restitution and fines to the very minimum and even payments of $100 dollars or less a month. Regardless of the route, you need an experienced lawyer to get you the very minimum penalties if convicted, one who can even get you below the mandatory minimum sentencing. This requires great skill and expertise only had by the best lawyers.
Defense lawyers take into account several factors when deciding to go to trial, such as prior criminal convictions, the facts of the case, circumstantial evidence, and more. Generally speaking, if an intent to defraud can only be inferred, defense lawyers will proceed to a trial by jury. In these types of fraud cases, the 'eyewitness' testimony is actually a person's mental processes that are being disputed for material facts.
Real estate investment fraud cases that question the motive and intent of individuals or companies may raise certain issues to light, such as a company's policies and procedures, personal relationships and histories of involved individuals, fiduciary duties and more.
Accusations of real estate investment fraud are prosecuted aggressively and must be fought by top criminal lawyers. If you have been accused of or being investigated for fraud, contact our lawyers immediately and call 855-LAW-PRO1 (855-529-7761).