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Sevierville, Tennessee Criminal Fraud Defense Lawyers
More than 20 years of experience fighting for criminal defendants in Tennessee
Fraud is the act of using intentional deception to obtain something of value without the owner's consent. Fraud charges can be brought under federal or state law. In Tennessee, many fraud charges are brought through a charge of theft. Fraud can include forgery, writing bad checks, embezzlement, identity theft, credit card fraud, tax fraud, insurance fraud, and a host of illegal actions. Fraud can also lead to civil lawsuits and criminal prosecutions. Strong representation by a Sevierville fraud defense attorney is essential.
Delius, McKenzie & McCarter, in Sevierville, understands that defendants accused of any type of fraud are scared. Convictions can result in time behind bars, substantial fines, loss of employment, and other severe consequences. Our firm has the experience and skill to provide aggressive representation. We work to obtain the best possible outcome, with the aim of pursuing dismissals, reductions, or other favorable outcomes based on the facts and law of each case.
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What is criminal fraud?
The definition of fraud depends on the exact language of the criminal statute. One of the first duties of a Sevierville fraud defense lawyer is to go over the statute with a fine-tooth comb to examine what legal and factual arguments can be used to win your case. Although the exact elements depend on the specific statute, many Tennessee fraud-related crimes require proof that the defendant intentionally used deception or other unlawful means to obtain property, services, or other benefits. Some offenses do not require that a victim actually relied on the misrepresentation or suffered an actual financial loss.
What are the different types of criminal fraud offenses in Tennessee?
Fraud is often called a white-collar crime. This is because most fraud cases require access to money or valuable assets and a scheme to obtain that money. However, Tennessee law does not require any particular level of sophistication; even relatively simple deceptive conduct can result in serious criminal charges. Our Sevierville fraud defense attorneys will explain your charges, the defenses available, and the penalties and fines for a conviction.
There are different statutes for different types of fraud. Our Sevierville fraud defense lawyers understand these statutes and which defenses to assert if you are arrested for violating them.
Some of the common types of fraud cases Delius, McKenzie & McCarter, handles include:
- Internet crimes.Accessing someone’s personal information online through unlawful means with the intent to commit theft or fraud may lead to criminal charges under federal or Tennessee law. Certain online conduct, such as using electronic communications to threaten or unlawfully obtain money or property, may lead to criminal charges under Tennessee or federal law. Our team knows how to defend against these charges and ensure your rights and reputation are properly protected.
- Embezzlement. Conduct historically described as embezzlement is prosecuted in Tennessee under theft statutes involving a violation of trust. Many acts of embezzlement include complicated schemes. Embezzlement requires actual intent. Our skilled Sevierville fraud defense attorneys understand this area of federal and state law and know which defenses work.
- Racketeer Influenced and Corrupt Organization (RICO). RICO laws allow the government to add additional charges to another crime and target members of an organization. RICO cases, whether under federal law or Tennessee’s Racketeer Influenced and Corrupt Organization (RICO) Act, generally require proof of an enterprise and a pattern of racketeering activity. Federal RICO also requires that the enterprise be engaged in, or its activities affect, interstate or foreign commerce, while Tennessee’s RICO statute focuses on participation in an enterprise through a pattern of racketeering activity as defined by state law.
- Many other types of fraud, including:
- Insurance Fraud. This offense involves filing false or excessive claims for damages to insurance companies. It can also apply to agents who improperly keep premium payments and engage in asset diversion and fee churning.
- Bank fraud. This crime involves defrauding financial institutions to obtain money and other assets of financial value through false representations, promises, or other misrepresentations.
- Healthcare fraud. This type of fraud involves submitting claims for unnecessary services, upcoding, providing or receiving kickbacks, and other illegal conduct.
- Money laundering. This crime involves disguising how funds are obtained by hiding illegally obtained funds in legitimate transactions.
- Insider Trading. This offense occurs when people use non-public information (usually obtained by working inside a company that has the information or accessing the information from insiders) to trade securities. Insider trading is primarily prosecuted under federal securities laws and is typically charged in federal court.
- Tax fraud. This crime involves the failure to report all of your taxable income, overstating expenses and deductions, or using other improper methods to avoid paying taxes.
- Other types of fraud. These include securities fraud, corporate fraud, mass marketing fraud, wire fraud, and real estate fraud.
What are the penalties for fraud crimes in Tennessee?
Penalties for fraudulent offenses vary based on the specific offense, any prior criminal record, the amount of money or value involved, whether the offense is federal or Tennessee, and other factors, including federal and state sentencing guidelines.
Convictions can result in the following consequences:
- Imprisonment
- Probation
- Fines
- Orders of restitution of any ill-gotten gains
At Delius, McKenzie & McCarter, we work to obtain dismissals or acquittals of the charges. We also negotiate plea bargains and represent defendants at sentencing hearings.
How do you defend against criminal fraud charges in Tennessee?
Our defense representation includes contesting that there was a violation of the core terms of a fraud charge. We work to show that there was a misunderstanding, that the defendant had reason to believe the representation was true, that the other person did not rely on the misrepresentation, and that the misrepresentation did not cause harm.
We assert other constitutional, legal, factual, and procedural defenses, depending on the charge and the facts of the case. These defenses may include
- The government violated your right to be free from any unreasonable searches and seizures, the right to be free from incriminating yourself, the right to confront and question the witnesses against you, and other constitutional defenses.
- The government cannot prove its case beyond a reasonable doubt, the government can’t prove the specific requirements of the criminal charge against you, and other legal defenses.
- You can reasonably explain what happened, the value of the items in question is less than the prosecution claims, or you have another factual defense.
- The government’s charge is defective, the government failed to comply with legitimate discovery requests, the government breached the chain of custody of any critical evidence, and other procedural defenses.
Do you have a Sevierville criminal fraud defense lawyer near me?
Yes. We meet defendants charged with criminal acts of fraud at our Sevierville office located at 124 Court Avenue. If you’re in custody, we can meet you at a Tennessee prison or detention center. We also consult with defendants via phone and through online video platforms.
We’ve helped many people charged with a crime reclaim their freedom and their reputation.
Charged with a fraud crime in Tennessee? Our attorneys can provide a powerful defense.
If you are facing charges of fraud, you need a skilled defense attorney on your side. Delius, McKenzie & McCarter, has experience handling these very complex cases. Our fraud defense lawyers advocate for clients in Sevierville, Gatlinburg, Seymour, Pigeon Forge, Bristol, Johnson City, Kingsport, Greeneville, and across East Tennessee. We try cases before federal and state juries. To schedule an appointment with an experienced Sevierville fraud defense lawyer, please call us or use our contact form.