Main Menu

Contact Information Module

Christopher M. Choate
440 Louisiana, Suite 1900
Houston, Texas 77002
USA
+1.832.971.9010
Fax: +1.713.481.8813
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Make a Payment


Bank Fraud PDF Print E-mail

Bank Fraud, like mail and wire fraud, involves getting money or property that shouldn't be obtained.  Unlike mail and wire fraud, the statute covering bank fraud, 18 U.S.C. § 1344, isn't convoluted and full of nested clauses that cross the eyes of the average resident of the United States.  The actual language of section 1344 is:

Whoever knowingly executes, or attempts to execute, a scheme or artifice—
  1. to defraud a financial institution; or
  2. to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises;
shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

At least the statute is largely understandable.  But the same questions that arise under the mail and wire fraud statutes are present vis-a-vis bank fraud: what does it mean to defraud? to obtain X by means of false or fraudulent pretenses?  does it matter where the case it brought? up to 30 years is a long time, so what am I really looking at?  That's why it is so important when dealing with a federal prosecution to have an attorney who is familiar and comfortable with federal criminal defense, and who has appeared in federal courthouses across the country.

 

 

Ad Quod Damnum

Ad Quod Damnum
C.M. Choate's thoughts about justice, law, society, and technology.
  • Innovation Breeds Contempt
    Except Viacom might have a little less contempt for you than it might originally be thought.  The General Counsel at Viacom (the entertainment behemoth responsible for Showtime, MTV, Comedy Central, BET, Paramount Pictures, and a slew of other holdings) recently addressed Yale law students, and he let them know that suing infringers felt like terrorism, [...]
  • Psystar
    It’s a been a fun ride, but it looks like Psystar’s quixotic efforts to let users install OS X on non-Apple hardware (or buy Apple clones) are pretty much over.  To refresh, Psystar (which is oddly reviled among the digerati, who are not known for their love of DRM and locked-down content) … … … You know [...]