What Constitutes Fraud in State and Federal Courts?
State Fraud
Common state level fraud charges include:
| Criminal Charge | Class of Crime |
| Embezzlement | Class C, F or H Felony |
| Obtaining property by false pretenses | Class C or H Felony |
| Residential mortgage fraud | Class E or H Felony |
| Obtaining signatures by false pretenses | Class H Felony |
| Issuance of false receipt | Class I Felony |
| Fraudulent misrepresentation | Class I Felony |
As a comparison, the most serious fraud related charges that are Class C felonies are in the same category as rape, incest, and drug trafficking. Other less serious charges include public assistance fraud, worthless checks, forgery, and identity theft.
Federal Fraud
Once a case is determined to be a federal case, the issue becomes much more serious. Federal penalties are far harsher than state, both from a financial penalty perspective as well as the length of prison sentences.
Common federal fraud charges include:
| Criminal Charge |
| Wire and mail fraud |
| Bank fraud |
| Securities fraud |
| Corporate fraud |
| Health care fraud |
| Tax fraud |
Wire fraud is one of the more common types of federal fraud because many people don’t understand that this is defined as any fraudulent scheme to intentionally deprive another of property or honest services via mail or wire communication.
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
There are three elements to mail and wire fraud:
- Intent;
- A “scheme or artifice to defraud” or the obtaining of property by fraud; and,
- A mail or wire communication.
To be fraudulent, a misrepresentation must be material.
Being investigated or charged with a white collar crime such as fraud is a serious and life changing matter. The Chetson Firm is a Raleigh criminal defense law firm with significant experience representing clients for fraud related crimes.