Oklahoma City White Collar Defense Attorney
The Franklin Law Firm, P.C. white collar criminal defense attorney is a trusted leader in white collar criminal defense. Marna Franklin has successfully defended all types of charges involving white collar crimes, including bank fraud, wire fraud, mortgage fraud, health care fraud, credit card fraud, tax fraud and embezzlement. The Oklahoma City firm provides the highest quality representation in federal and state prosecutions.
In order to be convicted of Federal Bank Fraud, the government has to prove that 1) a defendant knowingly executed a scheme to defraud a financial institution to obtain money or property from the institution by means of false or fraudulent pretenses, representations, or promises; 2) the financial institution was insured by the FDIC; 3) the defendant acted with intent to defraud; 4) the false or fraudulent pretenses, representations or promises that the defendant made were material, meaning they would naturally tend to influence, or were capable of influencing the decision of the financial institution.
This law makes it a crime to use interstate wire communication facilities in carrying out a scheme to defraud. In order to be convicted of Federal Wire Fraud, the government has to prove that 1) the defendant devised or intended to devise a scheme to defraud or obtain money or property by means of false or fraudulent pretenses, 2) the defendant acted with specific intent to defraud or obtain money by means of false pretenses; 3) the defendant used interstate wire communications facilities for the purpose of carrying out the scheme; 4) the scheme employed false or fraudulent pretenses, representations, or promises that were material; 5) the scheme was in connection with the conduct of telemarketing, a declared major disaster or emergency, or affected a financial institution.
These types of fraud violations and other white collar crimes are severely punished in Oklahoma and in the Western and Northern District Court of Oklahoma. Your lawyer should always consider the possibility of a trial in your case, especially if you did not commit the alleged fraud. A trial does not only establish whether fraud was committed, but can also be used by attorneys to determine the amount of restitution. For example, you may stipulate or admit to committing fraud involving $100,000, however the government believes the loss was $300,000. Ideally, your lawyer will build a defense for the actual amount of loss in a trial.
In federal court, penalties are increased by large restitution orders and prison time in proportion to the financial losses caused by the fraud. An attorney with experience in white collar and fraud defense can help not only in defending against the charges but also in reducing the penalties. The Federal Sentencing Guidelines generally are given great consideration by the sentencing court to determine the appropriate sentence in a given case. Having an experienced attorney is critical for an individual facing such life-altering consequences of a conviction. By utilizing effective cross-examination techniques of co-conspirator government cooperating witnesses, as well as forensic accountants and experts, Franklin Law Firm, P.C. has successfully defended guideline enhancements such as leadership roles. In addition, Franklin Law Firm, P.C. consistently obtains downward variances from the applicable Sentencing Guidelines in white collar cases by effectively presenting to the sentencing Court the client’s individual background, characteristics as well as the circumstances that may have led to the commission of offense.