Fraud Offenses

Health Care Fraud

Health Care including Medicare fraud is the misrepresentation by a person, group, or company of a fact regarding the type, scope, or nature of the medical treatment or service provided, in such a way that may result in unlawful/unearned payments being made. The commission of health care fraud can result in monetary fines as well as imprisonment. Click Here to Learn More about Health Care Fraud

Securities Fraud

Securities fraud also known as stock fraud or investment fraud occurs when a stock broker or investment advisor encourages you to buy or sell investments under false, inaccurate, or exaggerated information.  This false information isn’t always verbal.  Sometimes, the false information can be found in the stock broker’s financial statements or in fraudulent reports sent to the federal Securities and Exchange Commission (SEC).

 What is a Duty of Care and how does it apply to you?

Stock brokers owe a duty of care to all of their customers.  This means they must disclose all important information regarding potential investment purchases.  Stock brokers must get your written approval before buying or selling any stocks on your behalf, and the failure to do so is illegal.

Also, the entire investment firm owes you a duty of care to properly supervise its employees and to ensure that mismanagement of your funds is not occurring; the failure to do so is also illegal.

 Possible warning signs of Securities Fraud

Determining whether or not your stock broker or investment advisor has committed fraud is difficult, but there are warning signs that you can look for.  Some common warning signs include:

-You suddenly lose a large sum of money.

-Your broker refuses to return your phone calls.

-The market is up, but you are continuously losing money.

-Your financial results are very different from the publicly announced expectations.

Proving your Securities Fraud case

Every fraud case must be articulated very specifically or your case could be dismissed.  To prove fraud, you must show that your stock broker or investment advisor intentionally made a false statement to you, that you relied on such statement, and then suffered a financial loss as a result.  If you are successful, you may be able to recover the money you lost as a result of the fraud.  It is important to understand that there are strict notice and time limitations in bringing a securities fraud suit, and having a knowledgeable attorney who knows the law is imperative.

For this reason, you should contact the Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your Securities Fraud case.  Barton W. Morris, Jr., is dedicated to researching and understanding the subtle nuances of a Fraud charge and takes an aggressive approach in pursuing each and every case.

If you believe you have been a victim of Securities Fraud in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best legal representation, call Michigan Criminal Attorney Barton Morris at (248) 541-2600.   Attorney Barton W. Morris, Jr., was recently voted Top Attorney in Metro Detroit for 2012 and 2013.  Having conducted multiple dozens of jury trials gives Attorney Barton Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the specific elements of your case have been satisfied.

Credit Card Fraud

Credit Card fraud is a theft offense. It is the unlawful, use, possession, or sale of a credit card, debit card, or gift card (also called financial transaction devices) with the intent to fraudulently obtain money, refunds, credit, services or goods.  Simply being in possession of an account number belonging to someone else and having the intention of unlawfully using it will result in a Credit Card Fraud charge against you.

 Credit Card Fraud Charge

Michigan has several crimes that fall under Credit Card Fraud, the most common crime being the actual stealing of a credit card or debit card from its owner.  In order to prove this crime, the prosecutor will have to prove: (1) You intentionally stole or removed the card from its true owner; or (2) You intentionally used a transaction device of another without permission to do so.

Additional crimes that fall under Credit Card Fraud include: possession of an altered transaction device; unlawful receipt of a transaction device with the intent to sell it; and, the materially altering or forging a transaction device.

Credit Card Fraud Penalties

Credit Card Fraud is a felony that can result in large fines as well as a prison term of up to 4 years. Your prison term can be increased if you have multiple fraud offenses or have past criminal acts on your record.

For this reason, you should contact the Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your Credit Card Fraud case.  Barton W. Morris, Jr., is dedicated to researching and understanding the subtle nuances of a Fraud charge and takes an aggressive approach in pursuing each and every case.

If you have been charged with Credit Card Fraud in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best legal representation, call Michigan Criminal Attorney Barton Morris at (248) 541-2600.   Attorney Barton W. Morris, Jr., was recently voted Top Attorney in Metro Detroit for 2012 and 2013.  Having conducted multiple dozens of jury trials gives Attorney Barton Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.

Failure to File Tax Return

Failure to file a tax return is a federal crime that may result in a misdemeanor or a felony charge depending on the circumstances. This may result in the loss of valuable financial assets, as well as fines and imprisonment. There are many ways for a person to become current on their taxes and avoid severe consequences, as long as there is no fraudulent activity involved. The right attorney can help you figure out which taxes forms are missing, which forms the IRS has, and which statues of limitations are applicable.

Filing False Tax Return

Filing a false tax return is considered tax fraud. Depending on the dollar amount of the tax fraud, a person will face monetary fine and may be subject to incarceration. For low dollar false tax return, a person may be subject to a $5000 fine or a 100% of the unpaid tax. For a high dollar filing of a false tax return, the result is fines of up to $250,000 for and individual and $500,000 for an organization, as well as up to 3 years incarceration.

Income Tax Evasion

Income tax evasion occurs when a person does not file a tax return when they are required to in order for their tax filings to be complete and accurate. Penalties for such a crime can be civil and criminal. The civil penalties allow the IRS to assess interest of taxes due for the period of time that taxes were evaded and these penalties can accrue indefinitely. Criminal penalties can be brought within 6 years of the date the taxes should have been filed. Furthermore, a person may be fined up to $25,000 per year as well as face prison time for each year of non-filing.

Uttering and Publishing

Uttering and Publishing, also referred to as a “paper crime,” is a 14-year felony and requires the prosecutor to prove that:

(1)   The document in question was falsely made, altered, forged or counterfeited in some manner;

(2)   You represented, either by words or actions, that the document was genuine or true and either exhibited, offered, or presented it;

(3)   When you did this, you knew that the document was either false, forged, altered, or counterfeit;

(4)   When you did this, you intended to defraud or cheat someone.

The crime is complete when the document is offered, regardless of whether the document is accepted or if actual losses occur. Uttering and publishing can also include using counterfeit money, which is a 5-year felony and can include a fine of up to $2,500.

The most frequent uttering and publishing crime deals with forged and/or fraudulent checks.  For example, fraudulently signing your name as a payor on a check and then trying to cash it at a bank or gas station will constitute a charge of Uttering and Publishing.  And if you admit to the police that you fraudulently signed the check, you will also be charged with the crime of Forgery.

If you have been charged with an Uttering and Publishing crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600.   Attorney Barton W. Morris, Jr., was recently voted Top Attorney in Metro Detroit for 2012 and 2013 for Criminal Defense.  Having conducted multiple dozens of jury trials gives Attorney Barton Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.

 

Bribing a Public Official

Bribing a public official is a felony which occurs when a person corruptly attempts to give, offer, or promise an appointed public offices any valuable gift, such as money or property to influence that officials action or decisions in his capacity as public official. Bribing a public official is a criminal charge which may result in extensive monetary fines as well as possible imprisonment.

Forgery

Forgery is also considered a “paper crime,” and occurs when you sign someone else’s signature to a document without permission, or alter an existing document without authorization.  Documents that are most commonly forged include: Checks, Money orders, Deeds, Titles, and Documents used in identity theft crimes, such as driver licenses.

The crime of forgery falls under fraud and in order to convict you, the prosecution must prove beyond a reasonable doubt that: (1) The document in question was forged; and that (2) you forged the document with the intent to defraud or cheat someone.

In the state of Michigan, Forgery is a felony and can carry a maximum penalty of up to 14 years in prison depending on the type of forgery that was committed.  Some of the more common forgery charges and penalties include the following:

-Uttering and Publishing a forged transaction device is a 14-year felony. MCL 750.249b

-Forging a check is a 7-year felony. MCL 750.251

-Having a forged check in your possession is a 7-year felony. MCL 750.252

Because forgery charges can cover such a broad array of crimes, you should contact the Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your specific charge.  Barton W. Morris, Jr., is dedicated to researching and understanding the subtle nuances of a forgery charge and takes an aggressive approach in pursuing each and every case.

If you have been charged with forgery in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best legal representation, call Michigan Criminal Attorney Barton Morris at (248) 541-2600.  Attorney Barton W. Morris, Jr., was recently voted Top Attorney in Metro Detroit for 2012 and 2013.  Having conducted multiple dozens of jury trials gives Attorney Barton Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.

Counterfeiting

Possession of counterfeit or forged notes. A person found in possession of 10+ counterfeit notes, such as checks, notes, etc, is assumed to intend to use them and will be charged with a felony. Counterfeiting can result in up to 7years imprisonment.