Bank fraud is a serious financial crime involving deceptive practices to obtain money, assets or other property owned or held by a bank or financial institution.
Here, you can learn more about the most common types of bank fraud and potential defenses to these charges.
Credit card fraud
Credit card fraud is one of the most prevalent forms of bank fraud. It occurs when an unauthorized individual uses someone else’s credit card information to make purchases or withdraw funds. Common tactics include card skimming, phishing and card-not-present transactions.
Potential defenses to credit card fraud charges include:
- Mistaken identity: If you can prove that you did not make the fraudulent transactions, you may have a defense based on mistaken identity.
- Lack of intent: It may be a valid defense if you can show that you had no intent to commit fraud and genuinely believed you had permission to use the card.
- Coerced confession: If you were coerced or forced to commit credit card fraud against your will, this can be used as a defense.
These are not definitive. Defenses rely on the individual circumstances of each case.
Check fraud
Check fraud involves creating or altering checks to steal funds from bank accounts. Perpetrators may forge signatures, change the payee’s name or fabricate checks entirely. It can be particularly damaging to businesses.
Potential defenses to check fraud charges include:
- Absence of proof of forgery: If you can demonstrate that you did not forge the check or alter it in any way, this can be a strong defense.
- Not knowing the check was fraudulent: If you were unaware that it was fraudulent and believed it to be legitimate, it can be a defense.
- Threats or duress: If you were forced or threatened to engage in check fraud against your will, this may serve as a defense.
Bank fraud takes various forms and can have severe financial consequences. If you are charged with bank fraud, knowing your legal options, rights and potential defenses is important.